SAIKHOM NINGTHEM SINGH Vs. SAIKHOM GAURAMANI SINGH

JUDGEMENT

(1.) One cannot conceive of a greater judicial sin than the sin of evicting a person from the land which has been in his possession continuously as his own for more than five decades along with his members by constructing dwelling houses under a defective title which he considered to be genuine.

(2.) This appeal by the plaintiff is directed against the judgment and decree of the learned Additional District Judge, Manipur passed on 17-2-1977 in Civil Appeal No.14/76/2(1) of 1977 whereby he reversed the decree of the Munsiff, Thoubal passed on 31-3-76 in Original Suit No.35 of 1974 which granted the reliefs claimed by the appellant.

(3.) The appellant Shri Saikhom Ningthem as the plaintiff instituted a suit in the Court of the Munsiff, Thoubal being Original Suit No.35 of 1974 for declaration of his title to the land covered by Old Patta No.33/934, Thoubal Tahsil corresponding to new patta No.33/967, Thoubal Tahsil measuring 56 acres, hereinafter referred to as the "Suit Land" and for recovery of possession of a portion of the suit land measuring 30 acres situated within the said land on southern side by evicting the defendant Nos.1 and 2 therefrom after demolishing a katcha structure standing thereon and also for cancellation of their names from the land record in respect of the said land.