ON THE DEATH OF U. SHRAN SHABONG HIS LEGAL HEIR AND REPRESENTATIVE KA IVORY SHABONG Vs. ON THE DEATH OF KA TRI SYNREM OF MADAN LABAN HER LEGAL REPRESENTATIVE KA KHERI SYNREM AND ANR.

JUDGEMENT

(1.) THE question which has been referred to the Division Bench for decision by the Hon'ble Single Bench Judge is "whether Siem of Mylliem has to be regarded as tribal or non -tribal".

(2.) IN TS No. 34(T) of 1965 of the Court of the Assistant to Deputy Commissioner Shillong "Siem of Mylliem" was impleaded as a proforma Defendant. A question arose whether 'Siem of Mylliem' is tribal or non -tribal for the purpose of determination of jurisdiction of that Court.

(3.) THE question which, therefore, arises for consideration is whether the person who is appointed as the Siem holds an 'office'. The word 'office' has various moaning and we have to see which is the appropriate meaning to be ascribed to the word in the context of the case. In Statemen (P) Ltd. v. H. Deb : AIR 1968 SC 1495, the Supreme Court approved the observations of Lord wright in Macmillan v. Guest, 1942 AC 561 to the following effect.