STATE OF MIZORAM Vs. BIAKKUNGI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 21.12.2011 passed by the learned Senior Civil Judge, Aizawl in Civil Suit No.11 of 2008. By this exparte judgment, purportedly passed under Order 8 Rule 5 Sub-rule (2) of the Code of Civil Procedure, the trial Court has decreed the suit declaring issuance of land LSC No. DPF No.68 of 2005, issued by the respondent No.6 in favour of the defendant No.2 as null and void. Additionally, the trial Court has also directed the respondents to pay rent of Rs.10,000/- per month from the month of January, 1984 till the defendants vacate the suit land. THIS amount is directed to carry interest at the rate of 12% per month. Being aggrieved with this decree, the State appellant has filed this appeal.

(2.) WE have heard Shri N. Sailo, learned Addl. Advocate General for the appellants and Shri B. Lalramenga, learned counsel for the plaintiff/respondent. WE have also perused the impugned judgment.

(3.) THERE are many other judgments also, wherein, it has been held that even in an ex parte judgment the plaintiff must make out a prima facie case to get a decree.