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1992 Supreme(Gau) 11

R.K.MANISANA SINGH, H.K.SEMA
Jamkholen – Appellant
Versus
Joshep – Respondent


Advocates Appeared:
Y.Imo Singh , A.Nilamani Singh

RK Manisana, J. —

This second appeal arises from the decree of the District Judge, Manipur passed in CA No. 31 of 1972 affirming the decree and judg­ment passed by the Subordinate Judge, Manipur in OS Np.53/71/46/72.

2. Facts,-The case of the plaintiff-appellant, in brief, was as follows. On his father's death, the plaintiff succeeded to the Chiefship of the Village Mokokching. He was a minor when his father died and, therefore, the defendant-respondent being his uncle has looking after the village as acting Chief. But the defendant taking advantage of the minority of the plaintiff surreptitiously without the knowledge and consent of the plaintiff recorded his name in the Government record (Tou/i Book) as the Chief of the Village Mokokching. Therefore, the plaintiff instituted the suit for declaration that he is the Chief of Mokokching Village.

The case of the defendant was thus. The father of the plaintiff was the Chief and the plaintiff inherited the Chiefship on the death of his father. When the plaintiff's father died the plaintiff was aged 10 and, therefore, he took over the management of the village as de facto Chief of the village. After the plaintiff became major, he abandone













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