ZANGHINA Vs. UNION TERRITORY OF MIZORAM AND ORS.

JUDGEMENT

(1.) THIS revision petition arises from the judgment and order dated 12.5.86 passed by the Additional Deputy Commissioner, Lunglei in Title Suit No. 1 of 1982 dismissing suit.

(2.) THE Plaintiff Petitioner instituted the suit against the Respondents claiming, inter alia, declaration that transfer of ownership of the land covered by the certificate of land settlement No. 56 of 1972 issued in favour of the Plaintiff to Shri R.K. Buaia on 3.6.76 and subsequent transfer of the same to Shri P.C. Darliana on 25.8.81 are illegal. The case of the Plaintiff is that he is a settlement holder under certificate of land settlement No. 56 of 1972 in respect of the land in dispute. After the settlement of the land be has been in the possession of the land. The Plaintiff -Petitioner never transferred the land in dispute to any person. But in the year 1981, the Plaintiff Petitioner came to know that the land has been registered and a certificate of land settlement has been issued in favour of Defendant -5 R.K. Buaia on 3.6.76 by the Assistant Settlement Officer without the knowledge of the Plaintiff Petitioner. He also came to know that the land in dispute has again been registered in the name of Defendant -6 P.C. Darliana in place of Defendant -5 Buaia by the Assistant Deputy Commissioner Lunglei. The Defendants 4 and 5 resisted the suit denying the allegations made in the plaint.

(3.) I have perused the deed of transfer of the land in question (Ext -5). Ext -5 is not the original of the deed of transfer; but, a photocopy of the original. However, the learned Additional Deputy Commissioner has hold that the document has been proved.