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1981 Supreme(Gau) 118

K.LAHIRI
U. Stoling Nonglang – Appellant
Versus
Ka Klin Lyngdoh Umiong and others – Respondent


Advocates Appeared:
B. M. Mahanta

Judgement

JUDGEMENT :- This second appeal is directed against the judgement and decree dated 20-4-1972 passed by Mr. B.R. Laso, Judge, District Council Court, United Khasi Jaintia Hills, Shillong in Misc. Appeal No.11 of 1971 wherein the learned Judge has allowed the appeal, set aside the decree of the trial Court and non-suited the plaintiffs-appellants.

2. The appellants as plaintiffs filed a suit being Political Case No. 27 of 1968 in the Court of the Additional Subordinate District Council Court of Maharam Syiemship against five named defendants and 33 others but not named specifically in the plaint. The suit was for cancellation of the sale deed dated Aug. 27, 1965 executed in favour Of the five named defendants by some members of their Nonglang clan in violation of the customary law, without any knowledge and consent of the Kur elders. The plaintiff asked for relief besides cancellation of the sale deed, a decree against the sellers to return the consideration to defendants 1 to 5 and for declaration that the suit land Mawkhyllung Rombah should remain with the owners Of Khyndew Ri Khain of the Sawkpoh (four stocks) of Nonglang clan. The defendants appeared and contested the su





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