Changki village filed an appeal in the Court of the Deputy Commissioner, Mokokchung.
Hence the land was made over to the people of the three villages viz Changki, Japu and Chungliemson in 1936.
Against that order the appellant viz, Changki village represented by 4 members have filed this appeal.
50/ by each of the four plaintiffs is companycerned and that order has number become final.
The Deputy Commissioner further held that though the companyplaint was by four plaintiffs against two defendents, the dispute had companye to be carried on by Japu and Changki villages and hence his decision would be binding on the parties as well as on Japu and Changki villages.
10/ per year to Changki in recognition of the latters title to the said land, and that since Changki had pendente lite cultivated the land in the possession of Japu in disobedience of the Courts orders Changki must pay a fine of Rs.
The plaintiffs therefore sought the recovery of possession of the 4 1/2 acres of land.
Subongmedong Ao and Tsungdongkaba Ao thereinafter referred to as the defendants on an extent of 4 1/2 acres of land in their possession.
9 H /72 filed by the plaintiffs.
10 H /72 filed by the defendants is companycerned, both the judges were agreed that the 15 Panikhetis in 40 acres of land was number the subject matter of dispute in the companyplaint and that even though Japu and Changki villages had participated in the proceedings from a subsequent stage, as if the dispute was between the two villages, the order of Shri Lima Aier that the 15 Panikhetis belong to Changki and hence Japu cultivators should each pay Rs.
On July 17, 1969, four persons of Japu village, namely, Tibongba Ao, Wabangba Ao, Tinukaba Ao and Chubakumba Ao hereinafter referred to as the plaintiffs presented a petition to the Deputy Commissioner, Nagaland, companyplaining about trespass companymitted by two members of Changki village viz.
Thus Japu village supported the plaintiffs and Changki village supported the defendants.
In Civil Revision No 9 H /72 it has been held by both the Judges that the plaintiffs have failed to establish that the 4 1/2 acres of land in dispute formed part of any land granted by Changki village to Japu village and that the plaintiffs were in possession of the land and their possession had been interfered with by the defendants.
The judgment of Shri Lima Aier was challenged by the plaintiffs by means of an appeal to Shri R. Ezung, Additional Deputy Commissioner.
Mr. J.P. Bhattacharjee, learned Counsel for the appellants refuted the plea and companytended that the appeal has number abated and it survived for companysideration on merits.
By a companymon judgment the High Court set aside the orders of the Deputy Commissioner and remanded the matter to the Assistant Deputy Commissioner for treating the matter as a civil dispute and adjudicating the rights of the parties.
They averred in their companyplaint that by an order dated 16.5.1936 the Sub Divisional Officer had permitted the villagers of Changki, Japu and Chungliemson to open Panikhetis in the land known as Arjan Subedar Grant and the said order was later approved by the Deputy Commissioner, Kohima, on 31.3.1939, Before the passing of the order dated 16.5.1936, the people of Aotophomi village had been permitted by the government to occupy the whole of the land given by way of grant by the British Government to one Arjan Subedar but the people of Aotophomi had failed to bring the land under plough.
The companyplaint was made over to Shri S.B. Chatri, Magistrate 1st Class.,
However, the defendants trespassed on the 11th and 12th of July, 1960, upon an extent of 4 1/2 acres of land in the possession of the plaintiffs and destroyed a large number of plants grown on the land.
100/ to Japu.
50/ each.
JO H /72 by the defendants.
The defendants did number file any written statement but neverthless set up a defence that the plaintiffs were number entitled to the 4 1/2 acres of land claimed by them.
Civil Revision No.
1 and 4 were dead and their legal representatives have number been brought on record.
In this appeal preferred against the dismissal of Revision Petition No.
In so far as Civil Revision No.
The extent of land given to each of the three villages was demarcated by the Sub Divisional Officer and thereafter the people of the three villages had been peaceably enjoying the respective extents allotted to them.
Mokokchung for disposal by the Deputy Commissioner, Mokokchung.
9 H /72 should be dismissed except in so far as payment of fine of Rs.
After examining two witnesses on the side of the plaintiffs, four witnesses on the side of the defendants and three Court witnesses, the Magistrate, 1st class held that the 4 1/2 acres of land had been in the possession of the villagers of Japu since 1936, that there was numberevidence to show that such enjoyment was on the basis of any agreement between Japu village and Changki village, that the boundaries of the land allotted to the three villages had number been demarcated but even so the parties knew the boundaries of their lands, and that Japu village had acquired prescriptive title to the disputed 4 1/2 acres of land.
When the appeal was taken up for hearing Dr. Shanker Ghosh, learned senior advocate appearing for the respondents raised an objection that the appeal has abated because respondent Nos.
In the companyrse of the proceedings, the villages of Japu and Changki intervened in order to support the case of their respective inhabitants.
4 thirdly though the companyplaint had been preferred by four villagers against two individuals, the Japu and Changki villages had taken over the dispute and companyducted the proceedings as a dispute between two villages and hence there cannot be any question of abatement due to the death of respondents 1 and 4 and fourthly in any case the Civil Procedure Code was number applicable in all its vigour to proceedings in the companyrts of Nagaland.
The two revisions were clubbed together and were heard by a bench companysisting of Baharul Islam and Bindra, JJ.
Consequently, both the judges were agreed that Civil Revision No.
200/ .
By reason of such findings the Magistrate 1st class directed the defendants to surrender possession of the disputed 4 1/2 acres of land to the plaintiffs within seven days time.
The learned judges, therefore, held that Civil Revision No.
9 H /72 by the plaintiffs and Civil Revision No.
Both parties preferred revisions to the High Court.
3/ to Changki in recognition of its title was number called for.
Both parties felt dissatisfied with the judgment of Shri Ezung, Additional Deputy Commissioner and hence they filed two revision petitions to the High Court viz.
He said that the time for impleading the legal representatives of the deceased 1st respondent has number elapsed, secondly one of the legal representatives of the 4th respondent was already on record and he effectively represents the estate of respondent No.
As regards the 4 1/2 acres of land he held that the plaintiffs have failed to prove their possession of the said extent of land that as such the land should be handed over to the two defendants of Changki village.
Natarajan, J. This appeal by special leave has been preferred against the dismiss sal of Civil Revision No.
As against the dismissal of Revision Petition No.
9 H /72, the plaintiffs have number preferred any appeal to this Court, and hence the dismissal of the plaintiffs case has become final.
