I have heard Mr. H. Manglem learned counsel for the appellants as well as Mr. A Nilamani, learned senior counsel for the contesting respondents. Not appeared for the respondent No. 8 Executive Officer, Imphal Municipality. I have also considered the records of the case.

2. This second appeal is directed against the judgment and decree dated 19.6.92 passed by the learned Additional District Judge, Manipur East, in the First Appeal No. 19/89/6/89. Learned Additional District Judge decreed the Original Suit No. 16 of 1987 and set aside the judgment and decree dated 24.7.89 passed by the learned Munsiff at Imphal dismissing the said suit.

3. The case of the plaintiff (respondent No. 1 in this second appeal) in brief is that his father Thangong Singh died about 15 years ago leaving him, his brother Chaoba Singh (father of defendant Nos 1 to 6) and his two sisters respondent Nos 7 and 8. Chaoba Singh died in. 1986. Late Thangong Singh was a lessee in respect of Imphal Municipality Shop No. 2B. After his death, the plaintiff,-Chaoba Singh and defendant Nos 7 and 8 jointly inherited the said shop without partition of their respective shares. After the death of Chaoba Singh, the plaintiff and

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