Sihai village wins legal battle for long-disputed 'Phangrei'
Source: Chronicle News Service / R Lester Makang

Ukhrul, March 06 2023: The Court of District Judge, Imphal East, Cheirap Court Com plex has upheld the order of the Civil Judge (Sr Division), Imphal East in favour of Sihai village in northern Ukhrul in a long-running legal battle over a picturesque land 'Phangrei' between Sihai village and Lunghar village.

The District Judge has subsequently declared Sihai village as the owner in possession of the suit land 'Sihai Phangrei'.

Disclosing this during a press conference in Ukhrul town on Monday, Sihai village headman K Luingam stated that District Judge, upholding the Civil Judge's order of 2019, passed the order on February 23,2023 which declared that Sihai village is the rightful owner of the suit land.

The District Judge's order, the latest in a series of decades-old litigation, came after a three-year legal battle at the Trial Court after Lunghar village filed an appeal at the District Judge in 2019 challenging the impugned Judgment & decree dated 05-09-2019 passed by the Civil Judge, Senior Division, Imphal East, in the Original Suit No.17 of 2009/767 of 2013.Luingam said that the dispute between his village and neigh bouring Lunghar over the said land had been running for around four decades after Lunghar first raised claim of ownership of Sihai Phangrei.

However, after years of litigation at the lower court, the chiefs of the two neighbouring villages signed an agreement on October 8, 2008 to settle the dispute by way of the Tangkhul customary law, he recalled.

Accordingly, the chiefs of Sihai and Lunghar villages underwent the customary water immersion/ ordeal test held on October 16, 2008 at Nungshangkong River and Sihai headman had won the test, he said.

However, after settlement of the dispute through the customary water judgement, Lunghar village filed an appeal at the Civil Judge and as such, litigation continued for nine years and finally in 2019, the Civil Judge declared Sihai village as the rightful owner of the suit land, he said.

"This is the third time Sihai village has won the litigation, one under the Tangkhul customary court and two under the Indian government judiciary system," Luingam said.

He expressed thankfulness to the Almighty for divine intervention in the settlement of the decades-old dispute, while also appreciating the government judiciary system in delivery of justice in the case.

"This is a classic example of delivery of justice by the government judiciary system and has strengthened public trust and confidence in it," he remarked.

Meanwhile, the order signed by former District Judge Imphal East RK Memcha Devi (now District and Sessions Judge Imphal West) stated that "the present suit is dismissed being devoid of merit.

The defendants' village, i.e., Sihai village be allowed to enjoy possession of the suit land/Sihai Phangrei/ Schedule B land, as the case may be, as owner in possession of the suit land i.e., Sihai Phangrei".

It also stated that "as the case is very sensitive involving two highly emotionally charged parties/vil-lages, the Deputy Commissioner Ukhrul is requested to take all necessary precautions for preventing any unwanted incident in peaceful enjoyment of the suit land/Sihai Phangrei/Schedule B land, as the case may be, by the defendants' village (Sihai Village)" .

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