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2002 Supreme(SC) 810

ASHOK BHAN, SHIVARAJ V.PATIL, V.N.KHARE
Temjenkaba – Appellant
Versus
Temjenwati – Respondent


( 1 ) THE appellants herein are the residents of village Dibui in the state of Nagaland. They claimed themselves to be owners of suit land having title which was declared by a Tribal council by a judgment and order dated 16. 1. 1953. It was alleged that the defendants have encroached upon their land and cultivated the said land despite the objection raised by the appellants. Subsequently, the defendants started erecting huts and under such circumstances the appellants brought a suit for declaration of their rights to the land in dispute and recovery of possession from the defendants, who are the residents of village Waranmung represented by Shri Temjenwati and others. The defendants contested the suit and contended that they have a title to the land and, therefore, they are in lawful possession of the land in question. Initially, the trial court decreed the suit. However, on appeal by the respondents, the decree of the trial court was set aside and the case was remanded to the trial court for deciding the suit afresh. On remand, the trial court dismissed the suit and one of the grounds on which the suit was dismissed was that the suit was barred by limitation. Aggrieved, the plaint






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