CRP No. 1 of 2023 & MC (CRP) No. 1 of 2023

Page 1

IN THE HIGH COURT OF MANIPUR

AT IMPHAL

CRP No. 1 of 2023

With

MC(CRP) No. 1 of 2023

Shri Thangjam Yaima Singh, aged about 59 years, S/O Late Th. Tomba Singh,

resident of Top Khongnangkhong P.O. & P.S. Porompat, Impal East District,

Manipur.

….Petitioner

- Versus -

Shri Soram Ibohal Singh, aged about 69 years, S/O Late S. Bokul Singh,

resident of Sega Road Takhellambam Leikai, Imphal West District, Manipur.

…Respondent

B E F O R E

HON’BLE MR. JUSTICE A. GUNESHWAR SHARMA

JUDGMENT AND ORDER

(CAV)

[1]

The petitioner who is the judgment debtor/defendant in

Execution Case No. 11 of 2021 with reference to Original Suit No. 59 of 2018

has filed the present revision petition under Section 115 of CPC challenging

For the petitioner

:

Mr. H. Manglem, Advocate &

Mr. H. Pari, Advocate.

For the respondent

:

Mr. T. Rajendra, Sr. Advocate,

assisted by Mr. S. Rabindra, Advocate

& Mr. Bikash Sharma, Advocate.

Date of Hearing

:

20.04.2023 & 24.04.2023

Date of Judgment & Order

:

04.07.2023

LAIREN

MAYUM

INDRAJ

EET

SINGH

Digitally

signed by

LAIRENMAYU

M INDRAJEET

SINGH

Date:

2023.07.04

15:49:55

+05'30'

CRP No. 1 of 2023

Page 2

the impugned order dated 04.11.2022 passed by the learned Civil Judge

(Senior Division), Imphal East in Judl. Misc. Case No. 201 of 2021(Ref:

Execution Case No. 11 of 2021). The petitioner herein filed an application

being Judl. Misc. Case No. 201 of 2021 under Section 47 read with Section

151 of CPC praying for dismissal of the execution case as in-executable. By

the impugned order, learned Executing Court rejected the application with a

cost of Rs. 2,000/- (Rupees two thousand).

[2]

The following points for determination are involved in the

present petition:-

I. Whether the civil court, while passing a decree in a suit for

declaration of title, eviction and possession, can also issue a

direction to conduct demarcation of the suit land before eviction

in exercise of power conferred under Order VII Rule 7 of CPC?

II. Whether jurisdiction of civil court to issue a direction to conduct

demarcation of the suit land before eviction of the defendant while

passing a decree in a suit for declaration of title, eviction and

possession, is barred by Section 159 of Manipur Land Revenue &

Land Reforms Act, 1960 as held in the case of Shamurailatpam

Premananda Sharma v. Ayekpam Lokeshwor Singh reported as

2015 (4) GLT (MN) 584?

III.

Whether the objection to the inherent lack of jurisdiction of

the civil court is within the scope of Section 47 CPC?

CRP No. 1 of 2023

Page 3

[3]

The brief fact of the present case is that the respondent/decree

holder as plaintiff instituted a suit being O.S. No. 59 of 2018 in the Court of

learned Civil Judge (Senior Division), Imphal East, against the

petitioner/judgment debtor/defendant, inter-alia claiming for declaration of

title over the suit land, eviction of the defendant and also for delivery of the

suit land in his favour. It is stated that the respondent/DH/plaintiff is the

absolute owner and recorded pattadar of the suit land under Patta No. 288,

294 ansh (Old), 1073/1203 (New) covered by C.S. Dag No. 1308/1323

measuring an area of 0.07 acres situated at Village No. 29 – Top Naoria,

Porompat Sub-Division, Imphal East District, Manipur. It is further stated that

the suit land having an area of 0.07 acres was purchased from the

petitioner/JD/defendant by the respondent/DH/plaintiff on 13.09.2017 by a

registered Sale Deed out of the total area of 0.11 acres for a consideration

amount of Rs. 1,53,000/- (Rupees one lakh fifty three thousand) and

registered in the Sub-Registrar Office, Porompat on the same day. It is stated

that

in

the

month

of

October

and

November,

2017,

the

respondent/DH/plaintiff went to the residence of the petitioner/JD/defendant

to ask him to vacate the suit land purchased by him and t