LAHIRI, J :- This is an appeal under Rule 34 of the Rules for the Administration of Justice and Police in Nagaland, 1937, for short "the Rules." The parties are Lothas. A land dispute cropped up between the villagers of Humtse village, hereinafter to be referred as H village and the villagers of Yikhum, hereinafter to be referred as Yvillage. In 1952/53 whoa H villagers commenced clearance of the disputed land (Jungle) they were obstructed by Y villagers who laid their claim on that part of the land which was being cleared by H villagers. The dispute was placed before Sri N.N. Bhuyan, the then Sub-Divisional Officer, Mokokchung, who also exercised power of A. D. C. (ii), Mokokchung, Upon hearing both the parties, making local inquiries and. having exercised, over the matter, Sri Bhuyan passed an order which was beneficial to both the parties. His order clearly describes the land in dispute. However, the villagers were not satisfied with the decision and carte up in appeal before Mr. S.J.B. Carvelho, the then Deputy Commissioner, Naga Hills. At the hearing of the appeal both the parties agreed to take customary oath "on entire villagers lives", the parties claimed that the