SHABONG Vs. LASUBON SHABONG

JUDGEMENT

(1.) This is an application under Sec. 36 of the rules framed for the Administration of Justice and Police in the Khasi and Jaintia Hills against an order, dated 16th Dec. 1948, passed by the Deputy Commissioner, Khasi and Jaintia Hilla.

(2.) One Ka Or Shabong instituted a suit against certain defendants for a declaration of her right, title and interest to certain properties situated at Laitlyngkot in the Khasi and Jaintia Hills. At the trial of the suit, the E. A. C. tried two issues as preliminary issues--one relating to jurisdiction and the other to the payment of requisite court-fee--both in favour of the plaintiff by his order, dated 20th Aug. 1947. Against this order, the defendants preferred an appeal to the Deputy Commissioner who, by his order, dated 16th Dec. 1948, while agreeing with the E. A. C.'s finding on the issue as to jurisdiction, took the view that the plaintiff's suit for a declaration only was not competent, and called upon the plaintiff to seek consequential relief and to pay additional court-fee on the relief as to possession, and directed the E. A. C. to try the suit on payment of ad valorem court-fee.

(3.) The learned advocate for the applicant has contended that the learned Deputy Commissioner, in ordering the plaintiff to add consequential relief as to possession and to pay additional court-fee on the consequential relief, has misconstrued the scope of the rules framed for the Administration of Justice and Police in the Khasi and Jaintia Hills -- a construction which has resulted in depriving the trial Court of its jurisdiction to try the suit, as framed, namely, a suit for declaration of title only. It appears that the learned E. A. C., in disposing of the question as regards relief as to possession, took the view that the Specific Relief Act was not applicable either to the parties or to the territories in which the cause of action arose and declined to order the plaintiff to seek additional relief and to pay court-fee thereon.