JUDGMENT :

1. Heard Mr. J. Jini, learned counsel for the petitioners. Also heard Mr. R. Saikia, learned counsel for the respondents.

2. This second appeal is preferred u/s 15 of the Arunachal Pradesh Civil Courts Act, 2021 (the Act of 2021 for short) read with Section 100 and Order XLII of the Code of Civil Procedure, 1908 (CPC for short) against the impugned Keba Decision dated 29.10.2021 passed by the village level Keba Mechuka and impugned order passed by the Additional Deputy Commissioner, Menchuka dated 22.12.2021 and finally the impugned judgment and decree dated 27.09.2022 passed by the District Judge, Aalo in Civil Appeal No. 1/2022.

3. Both the appellants and the respondents are parties in fray, despite the fact that they belong to the same clan. The land in dispute is named after Ato Yorko the great grand-father of the litigants. The appellants assert that this Yorko land is divided into two parts and the old part is referred to as Kumrung/Yorko-I and the new Yorko land is known as Yorko-II. Kochung was the son of Ato Yorko and both the parties are descendents of Kochung. The four brothers [1] Chungpe [2] Chungyi [3] Chungjen and [4] Chungyor, sons of Kochung were living together at old Yorko-I/Kamrung land earlier. One fine day it was alleged by Chungyi, Chungjen and Chungyor that Chungpe, the great grand-father of the appellants had a relationship beyond marriage, with a woman. After such allegations, traditional oath performance was carried out by challenging the relationship. On account of the dispute, Chungpe – the great grand-father of the appellants could not stay together at Old Yorko/Kumrung/Yorko-I and he had to stay separately from his brothers and he left the ancestral land and property of Ato Yorko and shifted from Old Yorko/Kumrung/Yorko-I land to the present land in dispute i.e. the new Yorko/Yorko-II village. The Yorko-II land is the self acquired property of Chungpe i.e. the great grand-father of the appellants and the entire descendants of the Chungpe clan are the owners of the Yorko-II land. The respondent No. 1 is the descendant of another brother Chungyi who was the great grand-father of respondent No. 1 and who settled down at Mangang area. The respondent No. 1’s father Late Lera Kochung became the Gaon Bura of Yorko-II land by staying at Mangang for 30 years. In the year 1984, Late Lera Kochung, respondent No. 1’s father during his lifetime requested Late Tatum Kochung for adjustment of some residential plot of land as he was directed to leave Mangang i.e. Mangang village by Chukla and Goum clan of Memba tribe. The respondent No. 1 was adjusted in the land of Late Pudung Kochung at Yorko-II and thus the respondents now cannot stake claim over land of New Yorko/Yorko-II village.

4. It is averred that the respondents have falsely claimed that the Yorko-II land is the land of their ancestors as they are descendents of the same ancestor. It is averred that the appellants have been in possession of the land for more than 50 to 60 years without any disturbance. A dispute suddenly erupted between appellant No. 3 Tagin Kochung and the respondent No. 1, Bojen Kochung over a plot of land admeasuring 3000 square meters (also referred to as the disputed land) at Yorko village and Bojen Kochung (respondent No. 1) filed a complaint dated 25.02.2021 before the learned Addl. Deputy Commissioner (ADC for short), Menchuka alleging that the Chungpe Clans (Appellants) have encroached into the undivided property of Kochung Ao Clan. On receipt of the complaint the ADC, Menchuka appointed:-

[1] Sri Babuk Rinya Advocate;

[2] Sri Tashi Philley, HGB of Dorjeeling village Mechuka;

[3] Sri Phurba TS Naksang GB Secy;

[4] Raju Diru, Ex-ASM

[5] Sri Penjor Rai, Ex-ASM;

on behalf of the respondent Nos. 1, 2 and 3; and

(i) Sri Renjen Tapir, HGB Karo Village,

(ii) Sri Tagam Ruichi , GB Secy Tato,

(iii) Sri Tachuk Ragyor, Ex-Chairman, Tagur Aao Society,

(iv) Sri Tajen Diru, Ex-ASM Tato,

(v) Sri Nehru Padu of Padusa village were nominated on be