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1970 Supreme(Gau) 5

R.S.BINDRA
Heisnam Nilakantha Singh – Appellant
Versus
Heisnam Ningol Thokchom Ongbi Thambal Devi – Respondent


Advocates:
N. Budhachandra Singh, for Appellants; N. Ibotombi Singh, for Respondents.

JUDGMENT

This second appeal by the defendants is directed against the judgment and decree dated 28th of February, 1967 of the District Judge, Manipur, who, on accepting the appeal of the plaintiffs and setting aside the judgment and decree of the trial Court dated 18-1-1963, decreed the suit of the plaintiffs for possession by partition of their one half share in the ingkhol in dispute.

2. The following pedigree table would be helpful in understanding the facts of the case:

3. The suit was founded on the allegations that the ingkhol in dispute had been acquired by Balaram Singh in the name of his elder son Tarpon Singh and that on his death it was equally inherited by his two sons Tarpon Singh and Rupa Singh in equal shares. The two plaintiffs represent the line of Rupa Singh, being his daughters, while the defendants are the heirs of Tarpon Singh. The two brothers, Tarpon Singh and Rupa Singh, had been in joint occupation of the ingkhol, each having constructed a house of his own on different parts thereof. After the death of their parents, it was alleged further, the two plaintiffs continued in the joint possession of the ingkhol together with the defendants. However, the defendant





















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