SHRI. OBIT DAI Vs. SHRI. OJING DAI

JUDGEMENT

(1.) Heard Mr. Dicky Panging, learned counsel for the Appellant/plaintiff. Also heard Mr. Abhay Kumar Singh, learned counsel for the respondent/defendant.

(2.) This appeal has been filed by the appellant against the judgment and order 03.10.2012 passed by learned Additional District Judge, Pasighat, East Siang District in PSG.ADSJ/Title Suit No. 100/2012 dismissing the suit of the appellant/plaintiff, which the appellant stated that the same total violation of the procedure laid down by the Code of Civil Procedure, without framing any issue for determination and without providing any opportunity for rebuilding the contentions raised by the sole respondent/defendant in ha preliminary objection filed by him regarding the maintainability of the said title suit.

(3.) Brief facts of the case is that both the appellant are own brothers, born out of the same parents; where appellant is the younger to the respondent. After the death of their father Loma Dai, their mother Opet Dai being the successor of her late husband, i.e, father of both the parties, inherited all his movable and immovable properties and she stayed with the respondent at village Balek for some time. Since the month of June, 2006, said Opet Dai, started residing with the appellant and further, while she was with her elder son, the respondent herein, she was blamed for the death of his daughter. But in August 2006, the respondent came to the resident of the appellant demanded local ornamental beads from said Opet Dai, his mother, which was refused by her. Subsequent to that their clan members came to the house of the appellant, approached his mother, Opet Dai and claimed her local ornamental beads in favour of the respondent. But, she refused the clan members demand to hand over her beads to the respondent. In the end of September, 2006, the respondent in the house of the appellant informed him that a family meeting will be held on 01.10.2006, which was attended by both, by himself and his mother Opet Dai. In the said meeting, the respondent and the clan members, demanded the ornamental beads from their mother along with the possession and ownership of Gayam WRC (water rice cultivation) field as well as half of her Sille Hydle Morang Area in favour of the respondent, but she did not agree with such demand and in the said meeting she told them that her local ornamental beads would be passed over to that son who would take care of her at her old age and perform her last rites, as wished by her husband, father of the parties herein. In the said meeting, said Opet Dai, mother of both the parties as well as the appellant objected to any such decision, attempted and tried to be imposed upon them by their clan members present in the said meeting, as such, in the: meeting on 01.10.2006, no decision could be arrived at. As said Opet Dai later, fell sick, she was hospitalised on 20.11.2006 and she sold two strings of her own local ornamental beads, to meet her medical expenses. Said Opet Dai, mother of both the parties, subsequently developed paralysis and stayed with the appellant. It is stated that she expired on 25.05.2012 and the appellant performed her last rites as per Adi customs and traditions. Said Opet Dai on 31.10.2006 executed a Will before the Judicial Magistrate, Pasighat vide Registration No. 383/31/10/2006 in order to resolve any future complications between her both the sons, the present appellant and the respondent with regard to her properties and by the said will, the mother of both the parties divided her properties between them as being deemed fit and proper by her.