UNION OF INDIA Vs. LALMUANKIMI

JUDGEMENT

(1.) Heard Ms. Zairemsangpuii, learned CGC appearing for the appellants. Also heard Mrs. Dinari T. Azyu, learned counsel for the respondent No. 1 and Mrs. H. Lalmalsawmi, learned counsel for respondent Nos. 2 to 6.

(2.) This is a Regular First Appeal filed by the Union of India against the Judgment & Decree dated 17.08.2012, passed by the Court of Senior Civil Judge, Aizawl in Title Suit N. 4/1989, by which the appellants have been directed to pay rental charges for occupation of the lands of the respondent No. 1 covered by two Land Settlement Certificates i.e., LSC No. KLB 44/1985 and LSC No. KLB 45/1985, by the Border Roads Task Force (BRTF). The Trial Court also decreed that the land document issued to the appellants by the Mizo District Council in respect of the occupied land i.e., Temporary Permit No. 4/1970, was not lawful and as such, it was declared null and void. It may be pointed out at the outset that the lands occupied by the appellants and for which they were directed to pay rent is covered by two sets of land documents. The respondent No. 1 claims title to the land on the basis of LSC Nos. KLB 44/1985 and KLB 45/1985, while the appellants claim their right to occupy the land on the basis of Temporary Permit No. 4/1970.

(3.) The brief facts of the case, as narrated by the respondent No. 1/plaintiff is that her father, R. Thansanga (L), was allotted a plot of land for dwelling plus garden at Kolasib Hmar Veng, Kolasib, Mizoram in the year 1942, by the then Chief (Lal) namely Shri Vankhuma. Her father had planted various kinds of fruit bearing trees within the land. In the year 1963, her father sold portions of the land to Shri. J. Manliana (L), Smt. Biakkungi and Shri Lalhlira. In the year 1972, Permit bearing No. 10 of 1972 was issued over the land by the Revenue Officer of the erstwhile Mizo District Council. Even though portions of the land were sold to the three persons as early as 1963, the Pass/Permit for the land was in the name of her father (R. Thansanga) till 1985. In the year 1985, Land Settlement Certificate (LSC) was issued in the name of her father, over the remaining portion of the land measuring an area of 10,880.72 Sq.ft. vide LSC No. KLB 45 of 1985.