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1957 Supreme(Gau) 43

J.N.DATTA
Thounaojam Ningol Indrani Devi – Appellant
Versus
Municipal Board of Imphal – Respondent


Advocates:
K.C. Chakraverty and Y. Imo Singh, for Petitioners; A.K. Biswas and B.B. Sen, for Opposite Party.

ORDER

This petition is in essence a petition for transfer of Civil Suit No. 173 of 1953 pending on the file of the Munsiff, Manipur, under section 24 of the C. P. Code, and is treated as such. The District Judge was previously moved for transferring the suit, but without success.

2 The suit out of which this petition arises was instituted by the 3 plaintiffs under Or. 1, R. 8, C. P. C., on behalf of themselves and others in all numbering 342 persons (all women) against the Municipal Board of Imphal.

3 The dispute relates to the site known as Lakshmi Bazar, in the market area of the Town of Imphal. That site vested in the Imphal Town Fund Committee and now vests in the defendant Board, which succeeded the said Town Fund Committee in September, 1956. The plaintiffs contention is that they and their predecessors have been holding a market (for selling cloth) on this site as of right and without interruption for the last more than 60 years, and have thereby acquired a right of easement to hold a market there. Some 18 months ago the Town Fund Committee put up some sheds or covered stalls on the site assuring the plaintiffs that their right to hold the market will not be interfered with an






















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