J. THANSIAMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The Gauhati High Court by the impugned judgment and order dated 01.08.2005 has held the Limitation Act, 1963 to be applicable to the State of Mizoram. Consequential to the said conclusion of the High Court, the suit filed by the appellant for declaration of title etc. was dismissed as being time barred. This was in reversal of the decree passed by the learned Trial Court on merits after holding that the Limitation Act, 1963 would not be applicable to bar the suit of the appellant-plaintiff.

(2.) The High Court in a very exhaustive and illuminating judgment has traced the history of the creation of the present day State of Mizoram. Equally, the laborious arguments advanced by the learned counsel for the parties have thrown further light into the evolution of the present day State. However, we do not consider it necessary to burden this order by referring to the said details except to record what would be strictly required for the purposes of the present adjudication, namely, that the present day State of Mizoram was earlier known as Lushai Hills District and formed part of the original undivided State of Assam. The said district was included in the list of tribal areas of the State of Assam under Part-A of the table appended to Para 20 of the Sixth Schedule to the Constitution.

(3.) Para 20 of the Sixth Schedule as it was at the point of time relevant to the case [on 14.3.1966 or prior to the changes brought in by North- Eastern Areas (Reorganisation) Act, 1971] read as follows :