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2022 Supreme(Megh) 241

H. S. THANGKHIEW
Donush Siangshai – Appellant
Versus
Amos Dkhar – Respondent


Advocates appeared:
Ms. B. Goyal, Adv. with Mr. P. Yobin, Advocate, for the Petitioner(s); Mr. T.T. Diengdoh, Sr. Adv. with Mr. C.C.T. Sangma, Advocate, for the Respondent(s)

JUDGMENT

1. The petitioner by way of this application under Clause 6 of the High Court of Meghalaya (Jurisdiction over District Council Court) Order 2014, has put a challenge to the order dated 11.02.2022, passed in T.S. No. 53 of 2017 by the Presiding Officer, Sub-ordinate District Council Court, Khasi Hills Autonomous District Council Court, Shillong, whereby the Suit of the petitioner/plaintiff has been dismissed on the plea of lack of jurisdiction raised by the defendant/respondent.

2. The petitioner as plaintiff had filed a Suit being Title Suit No. 9 of 2015, thereafter re-numbered as T.S. No. 53 of 2017, praying for a decree for registration and transfer of the suit property as per the schedule described in Para-21 of the Plaint, located at Bhagyakul, Laitumkhrah under a lease issued by the Deputy Commissioner, Shillong.

3. After institution of the Suit in 2015, and after written statements had been filed, the defendant (respondent herein) filed an application on August, 2019 under Order 7 Rule 11 of the CPC, praying for dismissal of the Suit on the ground of lack of jurisdiction. Thereafter the Trail Court, by the order dated 11.02.2022 on the basis of the judgment rendered by

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