R. SANGCHUNGNUNGA Vs. SECRETARY, UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellants. Ms. Zairemsangpuii, learned CGC appears for the respondent Nos. 1 to 3, Mrs. H. Lalmalsawmi, learned Government Advocate appears for the respondent Nos. 4 to 8 and Mr. C. Lalramzauva, learned senior counsel appearing for the respondent Nos. 9 & 10.

(2.) The appellants have prayed for setting aside the impugned order dtd. 3/6/2016, by which Civil Suit No. 10/2015 was rejected, as being barred by limitation, as per the provisions of Order 7 Rule 11 (d) CPC.

(3.) The appellants' case is that the appellants are owners of lands covered by Periodic Pattas. The respondent Nos. 9 and 10 along with one Lalnunthari had approached the appellants, with a proposal that they would sell the appellants' lands and that the appellants would get the amount claimed by them for their lands. Any amount, over and above the amount claimed by the appellants, would then be the money receivable by the respondent Nos. 9, 10 and Lalnunthari. Accordingly, agreements to sell were executed between the appellants and the private respondents and Lalnunthari on 17/8/2007 and 20/8/2007. The appellants were also made to execute Power-of-Attorneys on 7/7/2008, appointing and authorizing the respondent Nos. 9 and 10 to act on their behalf for the purpose of selling the lands of the appellants. The appellants were given the money claimed by them for their lands in the year 2009 by the private respondents.