H LALLAWMZUALA H/O LALRAMHMUAKI Vs. ZORAMTHANGI

JUDGEMENT

(1.) Heard Mrs. Emily L. Chhangte, learned counsel for the applicants. Also heard Mr. B. Lalramenga, learned counsel for the sole respondent.

(2.) This is an application under Section 5 of the Limitation Act, 1963 praying for condonation of 457 days delay in preferring an appeal against the Judgment and Order dated 07.02.2018, passed by the learned Senior Civil Judge, Serchhip in Civil Suit Case No. 1/2016 wherein it was declared and decreed that the respondent is the rightful owner of the disputed land and also directed the applicants to vacate the same within 2 (two) months from the date of the judgment and order.

(3.) The applicants' case in brief is that the applicants were living in a vacant land in Kanan Veng, Thenzawl since 2001. The applicants had been allowed to live on the land by the Village Council concerned, though the land had not been allotted to them by the Village Council. The respondent, on coming to know that some persons had illegally occupied her land in the year 2009, made a complaint to the authorities and Eviction Notice/Stay Order dated 25.08.2009 was served upon the respondent by the Government. The respondent thereafter filed Civil Suit No. 1/2016 against the applicants for a declaration that the land occupied by the applicants, which was covered by Agriculture LSC No. W-11/1994 belonged to the respondent and that the applicants should be evicted from the said land.