H. LALSANGLIANA S/O DARKHUMA(L) R/O BETHLEHEM VENG, AIZAWL Vs. LALBIAKLIANI D/O KUNGA(L) TUITHIANG VENG, AIZAWL

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and order dated 09.08.2011 passed by the learned Addl. District Judge -I, Aizawl district in RFA No. 12/2011.

(2.) THE facts of the case, briefly stated, may be noticed at the very outset. One Lalbiakliani alongwith one Lalberemi borrowed Rs. 4 lakhs from H. Lalsangliana on 24.7.2007 with compound interest at the rate of 9% per month. She promised to repay the said money and mortgaged her LSC No. 1534/1984 with the said H. Lalsangliana on the condition that if she failed to repay the money within time, she would lose her property. They then lent the money tot one Vanlalruata with the same interest rate to be repaid within two months. As they failed to repay the money, H. Lalsangliana by virtue of the aforesaid promise, became the owner of the said LSC and also got the said LSC mutated in his name. After sometime, Lalbiakliani was requested by H. Lalsangliana to vacate the property.

(3.) CONSIDERING the nature of the dispute, the matter was referred to the Lok Adalat, which was thereafter registered as LA Case No. 15/2008.