NONGKHLAW CLAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Few basic facts leading to the filing of Misc. Appeals and the Reference may first be noted. The plaintiffs allegedly on behalf of 3 Clans namely, Nangkhlaw, Kharloongor, and Knrkalang instituted Title Suit Nos. 17(H)/ 85, T.S. 18(H)/ 85 and T.S. 19(H)/ 85 before the Munsiff at Shillong praying for declaration of right, title and interest over the suit lands described in the Schedule to the plaints and the consequential reliefs for recovery of actual physical possession by ejecting the defendants from respective lands measuring (i) in Title Suit No.17 (H)/85- 300 acres, (ii) in Title Suit No. 18(H)/ 85- 60 acres and (iii) in Title Suit No. 19(H)/ 85- 60 acres. They also prayed for a perpetual injunction. The lands as described above virtually covers the entire land of the 3 Wards of Shillong Municipality and Cantonment land (erstwhile British portion of Shillong or normal area) wherein all the important establishments, namely, Raj Bhavan, Secretariat, Assembly Building, the present building housing the Shillong Bench of the Guwahati High Court, the Accountant General Office, Customs H. Ors., Income Tax Office, the main Post Office and Central Telegraph Offices. Apart from the above, there are private places, and residences including schools, colleges, church, temples, commercial complexes etc. owned by the private parties who acquired settlement from the Government and as a result of such settlement have acquired vested interest in their respective lands. Plaintiffs main contention is that the suit land belongs to 3 respective Clans and leased out the land to the Queen of England, the erstwhile sovereign authority and that paramountcy having lapsed with the Indian Independence Act, 1947 and on creation of Dominion of India, the aforesaid lands reverted to Syem of Mylliem (a native state) and its owners, i.e. the 3 Clans. The plaintiffs have further averred that the erstwhile sovereign authority took the land on lease for a period of 99 years in the year 1863 with the concurrence of the Syiem of Mylliem and the said period having expired, the lease had been determined and consequently the land should revert to the plaintiffs.

(2.) The Munsiff dismissed the suit on the ground that Article 363 of the Constitution was attracted and applicable, therefore, the Court has no jurisdiction to decide the matter. The plaintiffs preferred appeal against the said judgment. These appeals were registered and numbered as Title Civil Appeal No. 2 (S)/ 88, 3 (S)/88 and 4(S)/ 88 in the Court of District Judge. Shillong. The first appellate Court by common judgment dated 10.5.90 referred the matter to this Court on the points of reference as set fourth therein. The relevant portion are reproduced hereunder for ready reference.

(3.) Mr. Ahmed, learned counsel appearing for the plaintiff-appellants, tracing the history of this Civil Reference u/s 113 CPC submitted that by the above three suits, the three rival clans demanded back their respective lands as described above, which was leased out to the then British Government for a period of 99 years. It was known and called as British Administered Area in Khasi Hills. He claimed that the Tribal Clans are the owners of the respective parts of the land which comprised the land called as "Normal Shillong and Cantonment Land". Orginally there was no such land called as Shillong land it was a village called Labong, which later came to be known as Laban. The British Administered Area was situated adjoining Umayrpi Stream, which is as shown in the maps enclosed at the paper book at page 17. It was contended that in the Khasi Hills, the land does not belong to the Government, it belongs to the people who hold the land to their Clans and the Syiem is only a custodian of the land in the Syiemship. The land comprised in the British Administered Area belong to three Clans of Mylliem namely, the Kharkongor Clan, Nongkhlaw Clan and Kurkalang Clan. The British came to the Khasi Hills somewhere in the middle of the 19th Century. In order to establish the British Raj in the region, they took a part of the land on lease for 99 years. This has been compared with the case of Hongkong. The Tribal Heads agreed to lease their respective pan of the lands on lease for 99 years to Queen Victoria of Great Britain. Thus these leased out land comprised the British Administered Area in Khasi Hills, and three Lease Deeds were also accordingly executed on 8.12.1863 on Annual Lease Rent as specified in the deeds and Col. Houghton accepted the lease on behalf of the British Government. These deeds were signed and sealed by the Syiem of Mylliem besides the representatives of the Clans. The Deeds are available on record at pages 15, 16, 89, 90, 127 and 128 of the Paper Book.