SANGLURA SAILO Vs. C. LALRAMPARI

JUDGEMENT

(1.) Both the appeals are being disposed of by this common judgment. The background facts may be briefly noted.

(2.) The respondent as the plaintiff filed Eviction Suit No. 1 of 2009 in the Court of the Senior Civil Judge, Aizawl seeking a decree for eviction of the defendant (appellant herein) from the land and building under land Settlement Certificate (LSC) No. 110 of 1976. Case of the plaintiff is that defendant had sold his land and building covered by LSC No. 110 of 1976 measuring about 0.12 bigha located at Ramhlun South, Aizawl to the plaintiff on 23.7.2007 for a consideration of Rs. 15,00,000/-. Defendant submitted before the Revenue authorities a form prescribed by the Revenue Department for mutation and transfer of ownership of land. Accordingly, the Revenue authorities mutated the said land in favour of the plaintiff on 24.7.2007. A Deed of Undertaking and Sale was also executed by the defendant on 24.7.2007. It was, however, stated therein that the plaintiff would be allowed to re-transfer the ownership of the land to the defendant on payment of Rs. 15,00,000/- alongwith interest at the rate of 10% per month by the defendant to the plaintiff within a period of 5 months.

(3.) Defendant did not pay Rs. 15,00,000/- alongwith the interest to the plaintiff within the stipulated period of 5 (five) months. Defendant also failed to vacate the land and building.