LALFAKZUALA CHHUAHMAWIA Vs. R LALSAWMLIANA

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 27 -03 -2008 passed by the learned District Council Court, Aizawl in RFA No. 12 of 2007, the appellant -plaintiff is in appeal before this Court.

(2.) THE appellant -plaintiff instituted Title Suit No. 5 of 2005 in the Court of the learned Magistrate, First Class, Sub -Divisional Council Court at Aizawl seeking a decree for declaration for the sale of a part of the suit land as illegal and invalid. The said suit was filed on 27 -07 -2005 and Mr. Chalbuanga and Mr. Zalianthanga were arrayed as the defendants in the said suit.

(3.) THE case of the appellant -plaintiff as pleaded in the plaint is that his father, a Government school teacher, was given LSC No. 309 of 1997 for a plot of land measuring 25 bighas at Bungkawn. Because of his mental condition, he was forced to go on retirement from service on 25 -05 - 1992. Subsequently, he died in the year 2002. In the meanwhile, the elder brother of the appellant -plaintiff clandestinely sold a part of the said land including the house standing thereon in the year 1991 to the defendant No. 2. In the year 1992, the defendant No. 2 in turn sold the said plot of land to the defendant No. 1, who thereafter dismantled the house standing thereon and constructed his own house. It is stated that the elder brother of the appellant -plaintiff also died in the year 1998.