ASSAM HINDU MISSION UPPER NAWPREM Vs. ELABORIS TRON

JUDGEMENT

(1.) The order dated 2-7-1997 passed by the learned District Judge/Additional Deputy Commissioner, Shillong in Title Civil AppealNo. 2 (T) of 1992 is the subject-matter under challenge in this present Revision Petition under Rule 36A of the Rules for Administration of Justice and Police in the Khasi and Jaintia Hills, 1937.

(2.) The facts of the case in a short compass are as follows :The present appellant-petitioner as a plaintiff instituted a suit being Title Suit No. 45 (T) of 1985 in the Court of the Assistant to the Deputy Commissioner at Shillong as against the present main respondent-defendant and two pro forma defendants for a decree declaring that the plaintiff appellant/Institution is the absolute owner of the suit land covered by Patta dated 19-1-1972 issued by Syiem of Mylliem Darbar and for mandatory and permanent injunction restraining the defendant-respondent, her workmen, agents or any other persons claiming on her behalf or through her, to enter into the suit premises belonging to the plaintiff-Institution and restraining them to break the guard wall/retaining wall standing on the plaintiff-Institution compound covered by the said or to cause any disturbance or annoyance or nuisance to the plaintiff-Institution or its personnel in carrying out its own activities.

(3.) The trial Court framed as many as nine issues and one witness was examined from the plaintiff side and none from the side of the defendant-opposite party, and apart from it, a local inspection was also conducted by the learned trial Court and after hearing the parties, the learned trial Court held that the plaintiff-Institution had been in continuous possession of the suit land before and after the related High Court's order dated 4-9-1974, but in most of the other issues, the trial Court decided those issues against the plaintiff-appellant-Institution thus dismissing the suit vide judgment and order dated 20-8-92 passed in Title Suit No. 45 (T) of 1985.