T.N.K. Singh

1. The challenge in this Second Appeal is to the judgment and decree dated 11.9.1996 passed by the learned District Judge, Manipur West in Civil Appeal No.9 of 1996 for setting aside the judgment and decree dated. 31.5.1995 passed by the learned Civil Judge (Jr. Division) Tamenglong, Manipur East for decreeing the O.S. No. 1 of 1995. Heard Mr. Th. Modhu, learned counsel appearing for the appellant-plaintiff and Mr. N. Ibotombi, learned Sr. counsel assisted by Mr. A. Romel, learned counsel appearing for the respondent-defendant.

2. Only the concise pleaded case of both the appellant-plaintiff and the respondent-defendant sufficient for deciding the present Second Appeal are noted. The pleaded case of the appellant plaintiff in his plaint in O.S. No.1 of 1995 of the Civil Judge (Jr. Division), Tamenglong is that the plaintiff is one of the descendants of Singongmei Kamei clan. "Lukhambi" village was established by one Shri Phenganang Singongmei of Singongmei clan and he was the first Khunbu/Khullakpa of the Lukhambi Village. He had been recognized as the Chief/Khunbu of the village during the erstwhile British Rule in the State of Manipur. By virtue of custom preva