R. MAIPILENG AND ORS. Vs. L. LALMANI SHARMA

JUDGEMENT

(1.) THIS defendants' Second Appeal is from the judgment of the Additional District Judge, Manipur, passed in Civil Appeal Case No. 109/67 of 1970, affirming the judgment and the decree of the Subordinate Judge, Manipur in O. S. No. 12 of 1968, ordering eviction of the defendants -appellants from the area of Uyok (forest reserve) of the Seijang villagers. The plaintiff on behalf of the villagers of Seijang claimed that the hill area within the boundaries as shown in Schedule "A" to the plaint was granted to the villagers of Seijang village, to use it as Uyok and to enjoy the forest produce by way of collecting fuels and cutting woods thereform, by the Maharajah of Manipur by para 3 (b) of Durbar Resolution No. 10 -A of 20 -7 -1932, and since then the villagers of Seijang have been collecting fuels and cutting woods for cremation and other purposes continuously, peacefully and uninterruptedly. It is pleaded that the defendants are the inhabitants of a self -styled Sailen village situated near the said Uyok who, coming recently from different villages stealthily and behind the back of the plaintiffs, started constructing three houses in some southern portion of the said Uyok, shown in the Schedule "B", and also started cutting fuels from the Uyok thereby causing loss to the plaintiffs and obstructing the plaintiffs' enjoyment of their rights over the Uyok. They did not heed the objections of the plaintiffs. The houses were constructed a few months back and the last demand for their vacating the land was made on 24 -12 -1967. Hence, the suit for eviction and stopping them from obstruction and destruction of the Uyok.

(2.) THE appellants as the defendants, in their written statement, answered : that no right was conferred on the plaintiffs under the said para 3 (b) of the Durbar Resolution No. 10 -A, dated 20 -7 -1932; that it was not correct that the plaintiffs had been using the said Uyok for collecting fuels and cutting woods for cremation and other purposes since 1932 as alleged; that it was not correct that the three houses were stealthily constructed since 6/7 months back in the southern portion causing loss and obstruction; that the defendants' village, namely, Sailen village, lies within the boundaries: north - - Osipi Lok; south - - Paokhulok, east - - Tomjing Chingy -ang and - - West - - Naibi Turel, and this village fell outside the boundaries of the Seijang village; that the defendants purchased the land from one Shangreingam Khullakpa of Ngaruphung Waichet, who was the original occupant of the land in question, over which the defendants' village is situated.

(3.) THE defendants having appealed, the learned Additional District Judge, Manipur, in Civil Appeal No. 109/67 of 1970 by his judgment dated 23 -11 -1973, concurred in the findings that the plan -tiff and his villagers had acquired the right under the grant from the Government in the year 1932 and since then they have been exercising their right for cutting fuels and collecting wood therefrom; that the defendants had no right to occupy the suit land as it did not fall within the village site of the defendants; that the licence granted to the plaintiff was not a bare licence but one coupled with a profit a prendre and as such, the plaintiff could maintain a suit of this nature against the defendants who are a third party. In the result, the appeal was dismissed with costs throughout. Hence, this Second Appeal.