SH. K. SANGLAWMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R. Malhotra, learned counsel for the appellant/plaintiff and Ms. Mary L. Khiangte, learned Government Advocate appearing for the State respondent/defendant Nos.1 to 4. Also heard Mr. Zochhuana, learned counsel for the respondent/defendant No. 5.

(2.) This is an appeal filed by the appellant against the Judgment and Order dt. 27/6/2012 passed by the Senior Civil Judge-I, Aizawl District, Aizawl in Title Suit No. 9/2008. The appellant was the plaintiff before the Trial Court and likewise, the present respondents were the defendants. The learned Trial Court vide the impugned Judgment and Order dtd. 27/6/2012 dismissed the Suit. Aggrieved with the same, the plaintiff as appellant is before this Court.

(3.) Brief facts of the case as projected by the appellant is that he purchased a certain plot of land, which was a part of LSC No. 668 of 1976 from one Smt. Debu Thapani by executing a Sale Deed dtd. 21/12/1995 for a considered sum of Rs.5,00,000.00 (Rupees Five Lakhs). The dimension and boundary of the purchased land was mentioned in the Sale Deed. According to the appellant, Smt. Debu Thapani survived her late mother Smt. Mangali Thapani and she looked after the landed property after obtaining Heirship Certificate No. 293/1993 in respect of LSC No. 668 of 1976. However, while the said LSC was in her custody, the same was stolen by her nephew Sh. Lalzuiliana, alias Budea, S/o Gone Thapa (L) and he caused the partition of the said LSC into 5 (five) different plots as follows: