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2022 Supreme(Manipur) 73

SANJAY KUMAR
Michael Zimik – Appellant
Versus
Ngathinkhui Shingnaisui – Respondent


Advocates appeared:
Ms. I. Lenibala, Advocate, for the Appellant; Mr. Mark Khapai, Advocate, for the Respondent.

JUDGMENT

ORDER

1. This second appeal, under Section 100 CPC, arises out of the concurring judgment dated 06.09.2017 of the Ld. District Judge, Imphal East, in Civil Appeal No. 1 of 2017, confirming the judgment dated 09.12.2016 of the Ld. Civil Judge (Junior Division), Imphal East, in Original Suit No. 1 of 2015/O.S.(Dcl.) No. 19 of 2015.

Twice unsuccessful, the plaintiff in the suit is the appellant. He filed the said suit for a declaration that he was the owner of the land described in Suit Schedule B and seeking a permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment thereof.

2. The plaintiff's case was as follows: Ngazek Zimik, his grandfather, was the owner and possessor of the Suit Schedule A hill land situated at Awungtang Village. Suit Schedule B land is a portion of Suit Schedule A hill land, lying towards the west, which is a little larger than half of the entire land. On the death of Ngazek Zimik, his son, Z. Philip Siluiwung, inherited the Suit Schedule A land. Around the year 1982, one S. Shingnaisui tried to encroach upon the southern portion of the suit land but he was prevented from doing so. S. Shingnaisui, however

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