INGUDAM LUKHOI SINGH Vs. INGUDAM TOMBA SINGH

JUDGEMENT

(1.) I have heard Mr.H.Manglem learned counsel for the appellants as well as Mr. A Nilamani, learned senior counsel for the contesting respondents. None appeared for the respondent No. 8 Executive Officer, Imphal Municipality. I have also considered the records of the case.

(2.) This Second Appeal is directed against the judgment and decree dated 19.6.92 passed by the learned Additional District Judge, Manipur East, in the First Appeal No. 19/89/6 of 1989. Learned Additional District Judge decreed the original suit No. 16 of 1987 and set aside the judgment and decree dated 24.7.89 passed by the learned Munsiff at Imphal dismissing the said suit.

(3.) The case of the plaintiff(respondent No. 1 in this second appeal) in brief is that his father Thangong Singh died about 15 years ago leaving him, his brother Chaoba Singh (father of defendant Nos 1 to 6 ) and his two sisters respondent Nos. 7 and 8. Chaoba Singh died in 1986, Late Thangong Singh was a lessee in respect of Imphal Municipality shop No. 2- B. After his death, the plaintiff, Chaoba Singh and defendant Nos 7 and 8 jointly inherited the said shop without partition of their respective shares. After the death of Chaoba Singh, the plaintiff and Chaoba Singh's son defendant No. 1 jointly possessed the said shop. On 30.5.85 the defendant No. 1 asked the plaintiff not to enter the shop. On 2.6.87 the plaintiff came to know that the defendant No. 1 's father late Chaoba Singh during his life time got only his name surreptitiously recorded in place of late Thangong Singh in respect of the said shop in Municipal records vide transfer case No .9of 1980 dated 15.7.80 falsely claiming himself to be the sole heir of late Thangong Singh without knowledge of the plaintiff. Plaintiff then filed the above suit claiming that he is entitled to 1/4 th share of the shop, his brother late Chaoba Singh's sons defendant Nos. 1 to 6 are entitled to 1 /4th share and his sisters defendant Nos. 7 and 8 are entitled to 1 /4th share each. The plaintiffalso prayed for partition of the shop among them.