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SANJIB BANERJEE, W. DIENGDOH
Sibilish M. Sangma – Appellant
Versus
G. H. A. D. C – Respondent
JUDGMENT
W. Diengdoh, J. - The appellants are said to be members of the Mangsang Khalcheng clan and the respondent No. 4 herein is a member of the Chambugong Wage clan. The dispute is primarily between the abovementioned.
2. What could be gleaned from the records is that, in the year 2001 after the death of the last recorded Nokma, Shri Train Marak of the Mangsang clan, the appellant, Smti. Sibilish M. Sangma representing the female line of the Mangsang Khalcheng clan had filed a petition before the Garo Hills Autonomous District Council (GHADC) to get her name registered as a joint Nokma of the Daronggre II-20(16) Akhing and the same was registered as GDC/REV/Case No. 8 A/C of 2001-2002.
3. At this juncture, it may be pointed out that the assertion of the appellants is that many years ago the Daronggre II-20(16) Akhing land was acquired by way of purchase from the Koches by the predecessors of the appellants and the respondent No. 4 jointly. The said Akhing was, since 1926, jointly represented continuously by Nokmas from the Mangsang clan firstly by Shri Jingran Marak and his wife Smti. Megan Sangma and now by Shri Dipson Ch. Marak along with Smti. Sibilish M. Sangma and Shri. Ringa
The judgment establishes the importance of historical documents and evidence in determining Nokmaship claims, while also emphasizing the jurisdictional validity of historical orders and their relevan....
The central legal point established in the judgment is the requirement for adherence to fundamental principles of judicial procedure, including framing of issues, recording of evidence, and hearing o....
The cancellation of the Nokmaship was found to be ultra vires and beyond jurisdiction, emphasizing the supervisory role of the High Court under Article 226.
Transfer of Akhing land requires consent from female relatives under Garo customary law.
The main legal point established is the importance of parties having the opportunity to produce evidence and matters being decided in accordance with law.
Encroachment of Land - Writ not maintainable as Disputed question of facts - To avail alternate available remedy.
A recorded tenant's consent is essential for an unrecorded co-tenant to acquire Bhumidhari rights; absence of such consent invalidates claims to ownership.
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