UNION OF INDIA Vs. BIAKKUNGI

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 29.08.2012, passed by the Court of Senior Civil Judge-II, Aizawl in Title Suit N. 7/1995, 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 49/1985, 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 land 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 49/1985, 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 the plaintiff purchased a plot of land in the year 1963 measuring an area of about 1(one) Bigha situated at Kolasib Hmar veng, Kolasib from one Shri R.Thansanga (L) alongwith 30 Orange trees, 5 Jackfruit trees, 7 Mango trees, 10 Guava trees, some bamboo and Zawngtah trees standing on the land. Eventhough the Plaintiff purchased the said plot of land in the year 1963, she did not get the Pass changed in her name till the year 1985. In the year 1985, the Plaintiff applied to the Defendant no.9 for issuance of Settlement Certificate over the said plot of land she had purchased from Shri R.Thansanga (L). After due verification and demarcation, the Plaintiff was issued a Settlement Certificate bearing No.KLB 49 of 1985 for the said land. Hence the Plaintiff became the owner of the said land.