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2009 Supreme(Gau) 61

TINLIANTHANG VAIPHEI
Ka Boilin Syngkon – Appellant
Versus
Ka Rant Shallam – Respondent


JUDGMENT

T. Vaiphei, J.

1. This revision petition under Clause 6 of the Assam High Court (Jurisdiction over District Council Courts), Order, 1954 is directed against the judgment dated 30.8.2005, passed by the learned Judge, District Council Court, Khasi Hills, Shillong in Title Appeal No. 1 of 2002, reversing the decision of the Sub-District Council Court, Shillong dismissing Title Suit No. 23 of 2000 as barred by res judicata.

2. The case of the petitioner, as pleaded in the plaint, is that she is the absolute owner of the suit land and houses, which was acquired by her deceased father U Bud Shallam on 20.3.1929. In the suit land, there were some houses, one of which was occupied by her aunty Ka Tein Shallam, i.e., the original defendant with the permission of her father and without payment of rent so long as she could not acquire landed property of her own. A lot of improvements had been carried out in the suit houses by the plaintiff with the permission of Syiem of Mylliem and his Dorbar dated 22.3.1933, and its order dated 1.7.1937. However, after the death of the petitioner's father, the original defendant started to assert ownership of the suit land and houses and even went to
























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