UNION OF INDIA Vs. V L MUANA

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 21.08.2012, passed by the Court of Senior Civil Judge-2, Aizawl in Title Suit No. 6/1991, by which the appellants have been directed to pay rental charges for occupation of the land of the respondent No. 1 covered by Land Settlement Certificate i.e., LSC No. KLB 47/1985, 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 Departmental Pass/ 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 47/1985, while the appellants claim their right to occupy the land on the basis of temporary Pass/Permit No. 4/1970.

(3.) The brief facts of the case, as narrated by the respondent No. 1/plaintiff is that a plot of land measuring an area of about 0.29 Bigha, located at Kolasib Hmar veng, Kolasib, was allotted to him by the Mizo District Council vide Pass No. 35 of 1964. The Plaintiff had planted various fruit bearing trees and other plants on the said land. In the year 1985, he applied to the Director, Land Revenue & Settlement Department, Government of Mizoram to convert the said Pass into Land Settlement Certificate (in short LSC) in place of the Pass No. 35 of 1964. After due verification and demarcation, he was issued with LSC No. KLB 47 of 1985 superseding the Pass No. 35 of 1964.