PHAJURMAN MIA Vs. PAOLELUNG KABUI, KHULLAKPA AND OTHERS

JUDGEMENT

(1.) This is an appeal filed by the defendants against whom the learned Munsiff passed the decree holding that the suit land is included within the Chaobok Kabui Village. It was further directed in the said decree to demolish all sheds constructed by the defendant-appellants in the suit land and for perpetual injunction restraining the defendants from interfering with the use and enjoyment of the land by the plaintiffs. This decree was confirmed by the learned Additional District Judge, Manipur by the impugned judgment and decree.

(2.) The plaintiffs are the villagers of the said village, namely Chaobok Kabui Naga Village which is the hill village and the provisions of the Land Revenue Regulation are not applicable. It is alleged that the plaintiffs are in usual occupation of the land of the said village as owner from time immemorial by paying hill house tax regularly. There is a hillock known as 'Tharaolok Chingdum' within the boundary of the said village as pleaded by the plaintiffs and the said hillock is the suit land. The defendants are the residents of the neighbouring village and it is alleged that they forcibly entered the suit land despite the protest by the plaintiffs and cut down the trees and other plants on the suit land and occupied the suit land by putting up sheds. An unsuccessful criminal proceeding under section 107 Cr. P. C. was started. Hence, the present suit in representative capacity under Order 1 Rule 8 C.P.C.

(3.) According to the defendants, the suit land does not form part of the plaintiffs' village and the provisions of the Land Revenue Regulation are applicable to the suit land. They averred that in the year 1954 the Deputy Commissioner settled the land with them but subsequently, in 1958 the settlement order was cancelled as the defendants could not fulfil the contention of the settlement. According to defendants, they are in possession of the suit land and though the settlement order was cancelled, they continued to be in possession.