HILLARY N SANGMA Vs. HALLIMISH N SANGMA

JUDGEMENT

(1.) This appeal under Section 3 of the Assam High Court Jurisdiction over District Council Courts Act, 1954 is directed against the judgment dated 3.11.89 passed by the Judge of the District Council Court, Khasi Hills, Shillong in Misc. Appeal No. 13/82, thereby allowing the appeal and setting aside the judgment and order dated 3.11.89 passed by Presiding Officer, Subordinate District Court.

(2.) Few basic facts necessary for disposal of this appeal may now be noted. The appellant and the respondents are sister from same grand-mother. The present appellant first filed a suit for declaration of her right and title over the suit land covered under periodic patta No. 16 Dag No. 112 (where appellant is residing) vide Title Suit No. 9 of 1969 before the Judicial Officer, subordinate District Council Court at Tura. The appellant had to file the Title Suit because the respondent Smt Hallimish Sangma secretly mutated in her name, the plots covered under periodic Patta No. 16 DagNo. 112 and DagNo. 121. These two plots were originally standing in the name of Shri Wilson Marak, father of appellant Shri Wilson Marak without the knowledge and consent of his wife Rase Sangma and his only daughter, the appellant transferred the title of the plot covered under Dag No. 121 ofP.Patta No. 16 to Smt. Khimjing Sangma, the grandmother of both the parties.

(3.) After the death of Smt. Rase Sangma, mother of the present appellant, Shri Wilson Marak also left the house and settled at Dalu with his new wife. Being the only daughter and heiress and her father having left her, appellant approached the Revenue Authority (GDC) to mutate periodic patta No. 16, Dags No. 112 and 121 into her name. The S.D.C. passed order dated 12.2.69 stating that the case is of civil nature and directed the parties to institute case in proper Court. When appellant filed mutation petition (GDC-Rev. No. 72M of (1968-69) men only she learned about transfer of Dag No. 121 to Smt. Khimjing Sangma by her father and further discovered that Dag No. 112 was also secretly mutated in the name of Smt Hallimish Sangma, the Respondent along with DagNo. 121 without the knowledge and consent of the present appellant. The mutation documents also mysteriously could not be traced.