C. LALCHHUNGA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. L.H. Lianhrima, the learned senior counsel appearing for the appellant and Mrs. LindaL.Fambawl, the learned counsel appearing for the State respondents.

(2.) This is an appeal filed by the appellant/plaintiff against the dismissal of Money Suit No. 1/2015vide Judgment and Order dtd. 8/11/2019, passed by the Court of the Senior Civil Judge, Serchhip.

(3.) The case of the appellant/plaintiff's is that he was allotted some portion of land within the area of N. Mualcheng Village Council in the year 2001 wherein,he planted as many as 380 orange trees and earned not less than Rs.1,60,000.00 per annum since 2009 and enjoyed the products for the last four years. That on 28/3/2014 (Friday) the electric conductor/wire which hung across the land of the plaintiff got damaged and broke in the land of the Appellant/plaintiff due to the negligence of the respondents/defendants. As a result ofthe broken live electric wire, 150 number of his orange trees were burnt to ashes. That the appellant/plaintiff had immediately reported the matter to the state respondents and prayed for compensation but to no avail and hence he filed the case in the Court of Senior Civil Judge, Serchhip. The suit was contested by the respondent/defendant no.5 who denied that the appellant had planted 380 orange trees as stated by him and that as many as 150 number of orange trees were destroyed by the broken electric wire. That on spot verification only 18 numbers of trees were burnt down by the live electric wire. That the appellant/plaintiff could not produce any certificate to show that the land was allotted to him. On the basis of the pleadings the lower court had framed the following issues: