The High Court
Case Details
THE HIGH COURT OF MEGHALAYA CRP[SH]34/2013 1. Smti. Ivory Syiem, 2. Smti. Marjorie Syiem, both resident of Mawlai Phudmuri, Shillong, East Khasi Hills District, Meghalaya. -VERSUS- Smti. Bettymai Syiem, resident of Mawlai Phudmuri, Shillong, East Khasi Hills District, Meghalaya. …Petitioners ….Respondent THE HON’BLE MR JUSTICE T NANDAKUMAR SINGH BEFORE For the petitioners For the respondent Date of hearing Date of Judgment - - - - - - - - - -
Legal Reasoning
Mr. VGK Kynta, Sr.Adv Mr. R.J.nongbet, Adv. Mr.K.Wahlang, Adv. Mr. R.Thangkhiew, Adv. Mr. K.K.Khongjoh, Adv Mr. S. Synrem, Adv Mr. H.S.Thangkhiew, Sr. Adv. Mr. L.Khyriem, Adv. 23-7-2013 23-7-2013 JUDGMENT AND ORDER (ORAL) JUDGMENT AND ORDER (ORAL) JUDGMENT AND ORDER (ORAL) JUDGMENT AND ORDER (ORAL) As prayed for by the learned Sr. counsels appearing for the parties, this revision petition is taken up for disposal at this stage. 2. Heard Mr. VGK Kynta, learned Sr. counsel, assisted by Mr. R. Thangkhiew, learned counsel appearing for the petitioner and also Mr. H.S. Thangkhiew, learned Sr. counsel, assisted by Mr. L. Khyriem, learned counsel appearing for the respondent. 3. For this judgment proposing to be passed by this Court, it is not required to delve deep into the factual matters leading to the filing of the present revision petition. The suit land is located within the Sixth Schedule area controlled by the Khasi Hills Autonomous District Council. The petitioner/plaintiff filed the TS No. 12/2011 for declaration and permanent injunction for the suit properties which are located in the different villages and the different Syiemship. For easy reference, the particular of the suit properties mentioned in the plaint of TS. No. 12/2011 are reproduced hereunder:- “SCHEDULE OF PROPERTIES a) All that piece and parcel of land situated at Mawlai Phudmawri (Khlieh Shnong), Shillong, Mylliem Syiemship, East Khasi Hills District which bounded are as follows :- North :- P.W.D. Main Road and Mawlai Phudmwri Internal Road. East :- Land of Smti. T. Thabah, land of Smti. L. Kharbangar and land of Smti. B. Dohling. South :-Mawlai Phudmawri (Nongmadan) Internal Road. West Secondary School. :- Sacred Heart Girls’ Higher b) All that piece and land situated at Mawlai Mawtawar, Shillong, Mylliem Syiemship, East Khasi Hills District called “ Ka Umjalynshir “ which bounded as follows:- North :- Approach Road to Umphrew. East :- Nongkohlew village. South :- Mawpat and Mawtawar. West :- Wah Eriongand Umjaktieh. c) All that piece and parcel of land situated at Laitumkhrah, Mylliem Syiemship, East Khasi Hills District which boundaries are as follows :- East :- Laitumkhrah Main road. West :- Land of Smti Drostimon Jana. North :- Approach Road to Upland Road. South :- Land of Mrs. Dien Parera and Marian Suting. d)All that piece and parcel of land called “Lum Syiem” situated at Umroi- Nongrah, Mylliem Syiemship, Ri-Bhoi District bounded as follows :- East :- Land of Presila Dkhar. West :- Land of Sara Syiem. 2 North :- Land of Themis Nengnong. South :- P.W.D. Shillong By Pass. situated e) All that piece of land and parcel of land Umtyrnah-Umroi at Umdohbyrthih, Mylliem Syiemship, Ri-Bhoi District bounded as follows :- East Umroi Stream. West North :- Umroi Stream South :- Land of Armstrong Syiem. :- Land of Armstrong Syiem and :- Land of Julin Syiem at f) All that piece and parcel of land Shilliang-Umroi, Mylliem situated Syiemship, Ri-Bhoi District bounded as follows:- :- Umroi Stream. East :- Land of Jrim Syiem. West North :- Land of Shar Syiem and MES. South :- Umroi Stream. g) All that piece and parcel of land situated at Umeit-Umroi, Mylliem Syiemship, Ri Bhoi District bounded as follows:- East West North :- Land of Dwet Rymbai. South :- Umroi Stream. :- Umroi Stream. :- Land of Min Syiem. Stream and Forest h) All that piece and parcel of land situated at Myrdon Mawdei, Myrdon Sirdarship. Ri-Bhoi District bounded as follows:- East :- Umran Department Silviculture. West :- Umpih Stream, land of Ka Kur Nongphlang, Umpynthor Ka Bri Nongphlang and Um Nongkynrew. North :- Umran Stream. South :- Umshyrwat Stream, land of Ka Shran Dohtdongm Umpynnoh Raid Stream and land of Nongpathaw. :- adjacent to the Catholic land and i) All that piece and parcel of land called “Khyndew Syiem” situated at Myrdon Sirdarship, Ri-Bhoi Nongbah, Myrdon District which boundaries are as follows:- East Lum Keni village. West village. North :- adjacent to the land of Nongphlang. South :- adjacent to Ka Keniong and Padom Forest”. :- adjacent to the Mardon Nongbah 4. On bare perusal of the suit properties mentioned in the plaint of TS No. 12/2011, it is clear that the suit lands mentioned in a), b), c), d), e), f) and g) are 3 situated within the Mylliem Syiemship. The suit lands mentioned at h), & i) are located within the Myrdon Sirdarship. It is an admitted case of both the parties that the Rules called Khasi Hills Autonomous District Council (Administration of Justice) Rules, 1953 is applicable to the present case. “Village” is defined in Rule 5, Rule 2(j) of the said Rules 1953. The Rule 2(j) of the said Rules 1953 reads as follows: Sirdarships in Appendix “Village” means an entire areas within the jurisdiction of the existing Sirdarships listed in Appendix I annexed and such the Syiemships, other areas within or Lyngdohships, wahadadarship II listed annexed as recognized by the Syiemship, Lyngdohship, or Wahadadarship as being an area within the jurisdiction of Court, whose decision is appealable to the Court of the Syiem, or Lyngdoh, Administrative Officer concerned and such other area or areas as may be declared to be so by the District Council.” Sirdar, Wahadadar Sirdarship 5. According to the said definition of the village, the village means an entire area within the jurisdiction of the existing Sirdarship listed in Appendix I and such other areas within the Syiemships, Lyngdohships, Sirdarships or Wahadadarships listed in Appendix II. Appendix I reads as follows:- “APPENDIX – I [Vide Rule 2 (j) - ] 17. Nongriat 18. Nongshluid 19. Nongriangsi 20. Nonglang. 21. Nonglyngkien. 22. Nonglait 23. Ramdait. 1. Byrong. 2. Jyrngam. 3. Laitlyngkot. 4. Laitkroh. 5. Lakading. 6. Mawmluh. 7. Mawblei Larkhar. 8. Mawthangsohkhyllung. 24. Saitsohpen 9. Mawsmai Nongthymmai 25. Synnei. 10. Mawbisu 11. Mynteng 12. Nongpoh 13. Nongbah 14. Nongkroh 15. Nongjri 16. Myrdon 26. Sinai Mawshynrut. 27. Sohbar Tyrna 28. Tynrong 29. 30 Tynriang 31. Umniuh-Tmar” 4 6. Under Rule 4 of the said Rules 1953, there area 3(three) classes of Courts in the area within the Khasi Hills Autonomous District Council. The said 3(three) classes of Courts are: The Village Courts. The Subordinate District Council Courts and the Additional Subordinate District Council Courts. The District Council Court and the Additional District Council Court. 1) 2) 3) 4) 7. What are the Subordinate District Council Courts and the Additional Subordinate District Council Courts are clearly defined under Rule 7 of the said Rules 1953. Rule 7(2) of the Rules, 1953 provides that “notwithstanding anything contained in sub-rule (1) the Court of the Syiem, Lyngdohs, Wahadadar, Sirdars or Administrative Officers listed in Appendix-II annexed shall be the Additional Subordinate District Council Courts; their territorial jurisdiction being Co-extensive with the Syiemship, Lyngdohship, Wahadadarship or Sirdarship as the case may be. 8. Therefore, on plain perusal of Rule 7 (2) of the said Rules 1953, it is clear that the Court of the Syiems, Lyngdohs, Wahadadars, Sirdars mentioned in the Appendix-II of the said Rules, 1953 shall be the Additional Subordinate District Council Courts. For easy reference, Appendix-II to the said Rules, 1953 is quoted hereunder: “APPENDIX –II [Vide Rule 2(j) -] 1. 2. 3. 4. 5. 6. 7. 8. 9. 14. Malaisohmat 15. Nobosohphoh Jirang Khyrim Mylliem Nongkhlaw 16. Cherra Nongstoin Maharam Nongspung 20. Shella Confederacy Langrin 21. Mawlong Mawsynram 22. Mawdon 17. Sohiiong 18. Mawphlang 19. Lyniong 5 10. Mariaw 11. Rambrai 12. Mawiang 13. Bhowal.” 23. Dwara-Nongtyrnem 24. Pamsanngut 25. Nonglwai 9. The suit property mentioned at a), b), c), d), e), f) and g) are located within the Syiemship of Mylliem which appears at Srl. No.2 of the Appendix-II and the suit property mentioned at h) and i) are situated within the Myrdon Sirdarship which appears at Srl. No. 16 of the Appendix-I. It is an admitted case of both the parties that there are 3(three) Subordinate District Council Courts in the Khasi Hills Autonomous District Council and also there are as many as 25(twenty-five) Additional Subordinate District Council Courts as indicated in Appendix-II of the said Rules, 1953. 10. From the conjoint reading of Rule 2(j), Rule 4, Rule 7(2) and Rule 19 of the said Rules, 1953, it appears that the Additional Subordinate District Council Courts have the jurisdiction to try the suit for the suit lands located within their respective Sirdarship or Syiemship mentioned in Appendix-II to the said Rules, 1953. The Additional Subordinate District Council Courts had no jurisdiction to try the suit for the suit lands located in different Syiemship mentioned in the Appendix –II and the Sirdarship mentioned in Appendix-I. 11. Therefore, under Rule 18 of the said Rules, 1953, the Subordinate District Council Court has the jurisdiction to try the suit for the suit properties located in the different Syiemships, Lyngdohships, Wahadadarships mentioned in Appendix – II and Sirdarships mentioned in Appendix –I of the said Rules, 1953. Further, it is an admitted case of both the parties that as a practice the Civil Suits for the suit lands located in different Syiemships are normally filed in the Court of the District Council Court, who distributed the Civil Suits in exercise of his power conferred 6 under the power of the Rule 18 of the said Rules, 1953 to the different Subordinate District Council Courts having the jurisdiction to try the Civil Suit. 12. In the present case, the petitioner/plaintiff filed the said TS No. 12/2011 in the Court of the Khasi Hills Autonomous District Council at Shillong for declaration and permanent injunction for the said suit lands located in different Syiemship. As provided under Rule 18 of the said Rules, 1953, the learned District Council Court directed Smti S.B.Laitthma, Presiding Officer, Subordinate District Council Court to try the suit. While the TS No. 12/2011 was pending before Smti S.B.Laitthma, Presiding Officer, Subordinate District Council Court, Shillong, the respondent filed an application dated 15-10-2012 questioning the maintainability of the suit on the inter-alia grounds that the said suit should have been filed in the Court of the lower grade competent authority to try it, i.e. the Court of the Additional Subordinate District Council Court and also that the District Council Court has no authority to transfer the suit to the said Smti S.B. Laitthma, Presiding Officer, Subordinate District Council Court, Shillong and also that the power under Rule 18 of the said Rules, 1953 is subject to Rule 19 of the same rules. To that application, the present petitioner/plaintiff also filed a show-cause statement stating that since the suit lands are located in the Syiemship mentioned in Appendix –II and Sirdarship mentioned in Appendix -I of the said Rules, 1953, the present suit is to be tried by the Subordinate District Council Court. It is also stated in the show- cause that the Additional Subordinate District Council Court had the jurisdiction to try the Civil Suit only for the suit land situated within their respective Syiemships or Sirdarships mentioned in Appendix – II to the said Rules, 1953. 13. Smti. S.B.Laitthma, Presiding Officer, Subordinate District Council Court, Shillong after hearing both the parties passed the Judgment and Order dated 17- 12-2012 over-ruling the question of maintainability raised by the respondent by 7 filing the said application. Being aggrieved by the said Judgment and Order dated 17-12-2012 passed by Smti S.B.Laitthma, Presiding Officer, Subordinate District Council Court, Shillong, preferred an appeal being Misc. Civil Appeal No. 1/2013 in the Court of the Judge, District Council Court. After hearing both the parties, the learned Judge, District Council Court passed the impugned Judgment and Order dated 3-6-2013 that the suit, i.e. TS No. 12/2011 is illegal inasmuch as the said TS. No. 12/2011 should have been tried by the Additional Subordinate District Council Court. 14. From the plain perusal of the impugned Judgment and Order dated 3-6- 2013, it appears that the learned District Council Court had misread Rule 2(j), Rule 7(2), Rule 18, Rule 19, Rule 32 and Rule 47 of the said Rules, 1953 and also Order VII Rule 10 of the CPC, inasmuch as, the learned District Council Court had misunderstood the power and jurisdiction of the Additional Subordinate District Council Court; Additional Subordinate District Council Courts have no jurisdiction to try the suit only for the suit lands located within their respective Syiemships mentioned in Appendix –II of the said Rules, 1953. The Additional Subordinate District Council Courts as provided under Rule 7(2) and Rule 19 of the said Rules, 1953, would be the Courts of Syiemship, Lyngdohship, Wahadadarship and Sirdarship listed in the Appendix – II to the said Rules, 1953. In the present case, admittedly the suit lands situated in Sirdarships mentioned in Appendix – I and Syiemships mentioned in Appendix –II of the said Rules, 1953 and therefore the Subordinate District Council Court would be the competent Court to try the present suit. 15. Even if the present suit is filed before the wrong Court, the plaint is to be returned to file it in the proper Court as provided under Order VII Rule 10 of the CPC. But in this instant case, by the impugned Judgment and Order dated 3-6- 8 2013, held that the TS. No. 12/2011 is illegal which is contrary to the provisions of the law. 16. For the foregoing reasons, this Court is of the considered view that the learned Court below had acted with material irregularities in passing the impugned judgment and order dated 3-6-2013. Accordingly, the impugned judgment and order dated 3-6-2013 is called for interference. Hence, the impugned judgment and order dated 3-6-2013 is set aside. This revision petition is allowed. 17. The lower Appellate Court, i.e. the Judge, District Council Court, Khasi Hills Autonomous District Council, Shillong is directed to send the record of the TS. No. 12/2011 to the Court of Smti S.B.Laitthma, Presiding Officer, Subordinate District Council Court, Shillong immediately. Smti. S.B.Laitthma, Presiding Officer, Subordinate District Council Court, Shillong on receipt of the record, shall issue notice to both the parties for proceeding the trial of the suit. S.Rynjah JUDGE 9