Meghalaya High Court
Smt Poljak R Marak vs Smt Bilmoni A Sangma on 7 July, 2017
Author: Sr Sen
Bench: Sr Sen
1
THE HIGH COURT OF MEGHALAYA
AT SHILLONG.
CRP. No. 9 of 2016
With MC(CRP) No. 6 of 2017
1. Smti. Poljak R. Marak,
W/o (L) Saljing Sangma
R/o Duragre, P.O. Rongkon,
P.S. Chandmari Tura-2
Dist: West Garo Hills, Meghalaya
2. Smti. Pensilla R. Marak,
D/o (L) Saljing A. Sangma
R/o Duragre, P.O. Rongkon,
P.S. Chandmari Tura-2
Dist: West Garo Hills, Meghalaya. ... Petitioners
- Versus -
Smti. Bilmoni A. Sangma,
W/o (L) Pricous R. Marak
R/o Duragre, P.O. Rongkon,
P.S. Chandmari Tura-2
Dist: West Garo Hills, Meghalaya. ... Respondent.
BEFORE
THE HON'BLE MR JUSTICE SR SEN
For the Petitioners : Mr. A.H. Hazarika, Adv.
For the Respondent : Mr. K.S. Kynjing, Sr. Adv
Mr. L. Shongwan, Adv.
Date of hearing : 07.07.2017
Date of Judgment & Order : 07.07.2017
2
JUDGMENT AND ORDER (ORAL)
Heard Mr. A.H. Hazarika, learned counsel for the petitioners as well as Mr. K.S. Kynjing, learned Sr. counsel assisted by Mr. L. Shongwan, learned counsel for the respondent.
2. The brief fact of the petitioner's case in a nutshell is that:
"1. This is an Application under Rule 6 of the High Court of Meghalaya (Jurisdiction over District Council Courts) Order, 2014 read with Section 151 of the Code of Civil Procedure' 1908.
2. That the brief factual matrix of the case is that the Petitioner No. 1 is the wife of the outgoing Nokma, (L) Saljing A. Sangma, of Dura Songmagre A'king Land who expired on 03-02-2015 and the Petitioner No. 2 is the present Nokma of the said A'king land since 25- 05-2012 and performing her duties as Nokma of Dura Songmagre A'king land till date and the father of the Petitioner No. 2, (L) Saljing A. Sangma, expired on 03.02.2015 while the T.S. Case No. 2 of 2013, was pending, as a result of which his name is not included in this instant Petition.
3. That the Petitioners has preferred an Appeal vide before the Judge, Garo Hills District Council Court, Tura, under Rule 30 of the Garo Hills Autonomous District (Administration of Justice) Rules' 1953, and thereafter there is no provision for Second Appeal except to prefer Civil Revision before this Hon'ble High Court.
4. That the Respondent/Plaintiff by forging the signature/thumb impression of predecessor in-interest Late Kechang 3 Marak (Nokma) and Late Saljing Sangma, (Nokma), made 2 (Two) forged documents and on the basis of forged documents claimed a portion of A'king land at 5th Mile of Duragre Village. The Respondent/Plaintiff initially brought the matter before the Dobasipara Village Court, claiming the said land and thereafter the matter was heard and disposed by the Village Court in favour of the Respondent/Plaintiff and thereafter a Misc. Case No. 3 of 1997 was filed before the Judicial Officer, District Council Court, Tura by the respondent and after hearing the parties, was pleased to pass an Impugned Order dated 02-08-2010 in favour of the respondent and being aggrieved by this Impugned Order, the Petitioners/Defendants preferred an Appeal before the Court of Judge, Garo Hills District Council Court, Tura which was registered vide Misc. Appeal No. 4 of 2010 and the Learned Appellate Court below after hearing the parties, was pleased to pass the Impugned Judgment and Order dated 04-09-2012, by upholding the Order dated 02-08-2010 passed by the Judicial Officer, Subordinate District Council Court, Tura and being highly aggrieved by these 2 (Two) aforesaid Impugned Judgment and Orders, filed a Civil Revision vide C.R (P) No. (SH) 37/2012, challenging both the Impugned Judgment and Orders on various grounds and the Hon'ble High Court, after hearing the Parties, was pleased to pass the Judgment and Order dated 06-06-2013, in favour of the Petitioners by setting aside both the Impugned Judgment and Orders.
45. That though both the aforesaid Impugned Judgment and Orders set aside, vide Order dated 06-06-2013, the Respondent with an ulterior motive to harass the Petitioners, once again filed a fresh Title Suit bearing T.S. No. 2 of 2013 before the Court of Judicial Officer, Subordinate District Council Court, Tura, between the same parties and in respect of the same suit land, on the ground that the Hon'ble High Court vide its Judgment and Order dated 06-06-2013, without deciding on the right, title and interest over the suit land allegedly for lack of proper description of the suit land and without going through the record of the original record of the Dobasipara Village Court.
6. That the humble Petitioners/Defendants beg to state that they had filed Written Statement dated 03-12-2013, challenging the Title Suit on the ground that the suit is barred by the principle of Res-Judicata. However, the Learned Trial Court below passed an Impugned Order dated 30-03-2015 rejecting the plea of the Petitioners, and being aggrieved by this Impugned Order, preferred an Appeal before the Court of Judge, District Council Court, Tura, which was registered vide Misc. Appeal No. 5 of 2015 and after hearing the parties, the Appellate Court below rejected the Appeal of the Petitioners by upholding the Order of the Learned Trial Court dated 30-03-2015.
7. That this instant Petition is filed bonafide for the ends of justice."
53. The learned counsel for the petitioners submits that, initially the respondent filed a complaint with the Village Court and that was decided in favour of the plaintiff who is the respondent in this case. Thereafter, the matter was contested in the District Council Court, Tura who also upheld the order passed by the Village Court and subsequently, they approach the High Court and the High Court after hearing the parties set aside the orders dated 02.08.2010 and 04.09.2012 vide order dated 06.06.2013 in CRP No. (SH) 37 of 2012. Thereafter, the respondent again filed a Title Suit bearing T.S. Case No. 2 of 2013 before the Subordinate District Council Court, Tura which is pending till date.
The learned counsel for the petitioners further raised a question that when the High Court has set aside the orders dated 02.08.2010 and 04.09.2012 referred above, the matter has already been decided, and the Title Suit No. 2 of 2013 may be filed as the matter has already been decided by the Village Court as well as the District Council Court, Tura. So, the suit is barred by the principles of Res-Judicata.
4. On the other hand the learned Sr. counsel for the respondent opposed and argued that Res-Judicata is not applicable because the present matter has not been finally settled. Hence, the petition may be dismissed.
5. After hearing the submissions advanced by the learned counsel, I am of the considered view that the learned Sr. counsel for the respondent has a point. Commonly, we understand the principles of Res-Judicata applies only when the "Issues are same, parties are same and the matter has already been finally decided", but in this case, the peculiar circumstances is that the Village Court has passed an order, which was upheld by the District Council Court, Tura, but has finally been set aside by this High Court. So, now the question which remains is that, whether it has attained its finality. In my considered view, since the order passed by the Village Court as well as the 6 District Council Court, Tura and subsequently, the same was set aside by this High Court, the matter remains unaddressed. Therefore, I am of the further view that, in these peculiar circumstances of the case, the principles of Res-
Judicata will not apply. The learned counsels for both the parties also agreed.
Therefore, I am not interfering with the Title Suit No. 2 of 2013 pending before the Subordinate District Council Court, Tura.
6. The learned counsel for the petitioners also moved an application bearing MC(CRP) No. 6 of 2017 praying for transfer of Title Suit No. 2 of 2013 from the Garo Hills District Council Court, Tura to Khasi Hills District Council Court, Shillong, to which the learned Sr. counsel for the respondent/Opp.
Party also has no objection. I have perused the transfer petition and after hearing the submissions advanced by the learned counsel, I hereby direct the Garo Hills District Council Court, Tura to transfer the Title Suit No. 2 of 2013 to the Khasi Hills District Council Court, Shillong within 15(fifteen) days from the date of receipt of this judgment and order.
7. With this observation and direction the CRP. No. 9 of 2016 and MC(CRP) No. 6 of 2017 stands disposed of.
JUDGE D. Nary