Transfer of Akhing land requires consent from female relatives under Garo customary law.

1. This is an application under Clause 6 of the Assam and Nagaland High Court (Jurisdiction over District Council Courts) Order, 1954 against the judgment and order dated 29-4-1967 passed by Sri G. N. Bhattacharyya, Judicial Officer, District Court, Garo Hills District Council, Tura, in Miscellaneous Appeal No. 6 of 1966, by which the Learned Judicial Officer rejected the petitioner's appeal and affirmed the judgment and order dated 29-8-1966 passed
by Sri S. Dam, Judicial Officer, Subordinate Court, Garo Hills District Council, Tura, in Miscellaneous Case No. 32 of 1963.

2. The facts of the case are briefly as follows : The plaintiff - petitioner instituted Miscellaneous Case No. 32 of 1963 to the Subordinate Court of the Garo Hills District Council claiming the Akhing of Boldamgiri village as the Nokma of the clan. Her case was that her father late Tosu was the Nokma of Boldamgiri Akhing. Late Tosu incurred some debts, but could not repay. One Khewil Marak cleared the debts of Tosu and he got the Akhing land temporarily transferred in his favour from Tosu Nokma. Khewil had two wives, namely, Damje Sangma and Gonje Sangma. Khewil died in 1963. Gonje had one female issue, namely Jiji Mechik. Damje had none. Jiji was married to Singwan Marak, defendant No. 2. Both his wives having died. Khewil married Khilji Sangma, defendant No. 1.

3. Tosu had also two wives, namely Namje Sangma and Manje Sangma. The main wife Namje had two daughters, Singme Sangma Mechik, the plaintiff and Dongme. But Manje had no issue.

4. It was contended by the plaintiff that the transfer of the Akhing land by Tosu to Khewil was only conditional and not absolute and as such it did not confer any title on Khewil and through him on the defendants. The Akhing land or any part of it could not be sold out without the consent of the Maharis, and that at the time of transfer of the Akhing in question, a condition was laid down that on the plaintiff attaining majority, the Akhing would revert to the plaintiff and that the third wife of late Khewil, namely defendant No. 1, did not belong to 'Sko - Mechik clan and that she was not supplied as wife to late Khewil by her Maharis and as such she could not be Nokma of the Akhing and that the defendants secretly registered their names as Nokmas of the Akhing and therefore they could not legally claim the Nokmaship under the customary law.

5. The case of the defendants - respondents was that the property was transferred by Tosu Nokma to Khewil Marak as he had paid all the debts of Tosu and that Khewil Nokma had two wives, namely Damje Sangma and Ganje Sangma and that Damje Sangma had no issue while Ganje Sangma had one daughter, Jiji Sangma, wife of defendant No. 2 and that after the death of Damje. Khewil took defendant No. 1 as his third wife and thus the defendants claimed the property through Khewil Sangma.

6. The case was heard by the Learned Judicial Officer, Subordinate Court, Garo Hills District Council, who dismissed the plaintiff's case. The plaintiff preferred an appeal before the Garo Hills District Council Court, which dismissed the appeal. Thereafter the plaintiff moved the High Court under Cl. 6 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954, in Civil Revision No. 2 (H) of 1964 and the High Court by its judgment and order dated 21-12-1964 set aside the judgments and orders of the Courts below and sent the case back to the Subordinate District Council Court for proper decision.

7. After remand, the Learned Judicial Officer, Subordinate Court, Garo Hills District Council, recorded evidence of t