NYAMO KAMDUK Vs. MINGE LOYI

JUDGEMENT

(1.) This is an appeal under section 96 read with order 41 Rule 1 and 2 of the Code of Civil Procedure directed against the Judgment and Order, dated 20.01.2014, passed by the learned Additional District Judge, Basar, in Title Suit No. 1 (WS) 2013, whereby the plaintiff/ appellant's said suit has been dismissed imposing a cost of Rs.20,000/- to be paid to the defendant/ respondent.

(2.) Heard Mr. M. Pertin, learned Sr. Counsel appearing for the appellant and Mr. S. Tapin, learned counsel appearing for the respondent.

(3.) The case of the appellant, in brief, is that the father of the appellant Late Kinya Kamduk permitted his sister Kinya Loyi defendant/ respondent (since deceased) to cultivate on the suit land due to her poor economic condition. After the death of the father, the plaintiff/ appellant also permitted her to continue cultivation on the suit land. Per amicable settlement effected by Kebang in regard to distribution of the ancestral property among the two brothers, the suit land fell to the share of the plaintiff/ appellant. The plaintiff/ appellant wanted an agreement to be executed with the defendant/ respondent to the effect that she would continue cultivation on the suit land till her death, but the respondent/ defendant failed to recognize his ownership and instead claimed that she purchased the land from the plaintiff/appellant's father Late Kinya Kamduk and therefore, she is the owner of the suit land having right, title and possession. Upon such refusal, the plaintiff/appellant submitted a complaint to the Deputy Commissioner, Along to convene a Kebang to decide the aforesaid dispute and hand over the land to him.