VANLALVENI Vs. TLANGLAWMA

JUDGEMENT

(1.) Under Rule 18 of the Rules for "Regulations of the Procedure of the Officers apointed to Administer Justice in the Lushai Hills, 1937", presented this appeal by the appellant, Smt. Vanlalveni, against the respondent, Tlanglawma to challenge the judgment and order dated 27-6-2000 passed by learned Addl District Magistrate (J), Aizawl in Civil Appeal No 18/2000 before him.

(2.) The appeal was admitted on the formulation of the following substantial question of law by this Court, vide order dated 27-7-2000

(3.) The brief facts are as follows: The present appellant instituted a declaratory Suit, Suit No. 3/98, originally before the learned Assistant to Deputy Commissioner, Aizawl District, Aizawl stating that the she advance loan of Rs. 47.500/ to Rokima (now dead), brother of the respondent on 24-6-97. In acknowledgement thereto, Rokima executed an agreement to repay the amount of loan on or before June, 1998 failing which, the appellant will take into her possession the land alongwith the structures thereupon standing in the name of respondent and covered by LSC No. 270/97 measuring 127 Sq.m, the borrower Rokima (brother of the respondent)dled on 2-9-1997 without making the payment of the loan and on demand, the respondent also failed to make payment. Accordingly, the appellant approached the Revenue authority for transferring the LSC No. 270/79 in her favour but, the Revenue authority refused to do so, unless she produces an order from the Court. Accordingly she instituted a Suit for such a declaration. She also stated in her plaint that LSC was handed over to her during the transaction of money.