STATE OF MIZORAM Vs. ZOSANGLIANA

JUDGEMENT

(1.) This first appeal under Section 96 of the Civil Procedure Code, 1908 read with Section 17 of the Mizoram Civil Courts Act, 2000 is directed against the judgment and order dated 10.08.2012 passed by the learned Senior Civil Judge-I, Aizawl Judicial District, Aizawl in Civil Suit No. 80/2009. By the said judgment and order, the suit instituted by respondent No. 1 as the plaintiff was decreed and the defendant Nos. 1, 2 and 3 i.e. the appellants herein, were directed to pay compensation of Rs. 3 lakhs with interest at the rate of 9% per annum w.e.f 16.12.2009 till realisation in full on account of the expenditure incurred in purchasing the suit land. A further sum of Rs. 3 lakhs with interest at the rate of 9% per annum w.e.f. 16.12.2009 till realisation in full was awarded to the plaintiff as compensation to be paid by the said defendants for expenditure incurred in construction of a two storied Assam Type building on the suit land.

(2.) Respondent No. 1 was the plaintiff in the suit whereas appellants were defendant Nos. 1, 2 and 3. Proforma respondent was the defendant No. 4 in the suit.

(3.) Pleaded case of the plaintiff as can be seen from the plaint is that he had purchased LSC No. 103103/01/863 of 2003 from one H. Lalchhuanawma, S/o Ruma (L), Nursery Veng, Aizawl. The said LSC (herein after referred to as LSC No. 863/2003) covered an area of 0.28 bighas which is located at Edenthar Veng, Aizawl. Mutation of the said land in favour of the plaintiff was done on 10.05.2005. Plaintiff constructed a two storied Assam Type building on the said land in the year 2005. However, defendant No. 3 issued stay construction order on 8.4.2005 on receipt of complaint from two persons who claimed that the construction was being carried out over their land. However, the stay construction order was vacated by subsequent order dated 18.5.2005. Thereafter, plaintiff completed construction of his building. Later on, verification of plaintiff's land was ordered by defendant No. 3 on the ground that plaintiff's LSC overlapped land covered by House Pass Nos. 838/90 and 1067/90. However, on the ground that plaintiff's LSC overlapped land covered by the above house passes and LSC of defendant No. 4, plaintiff's LSC was cancelled after giving show cause notice to him. Plaintiff has contended that he had incurred substantial expenditure in purchasing the land and thereafter in making the construction. He, therefore, instituted Civil Suit No. 80/09 in the Court of Senior Civil Judge, Aizawl seeking a decree of compensation for the loss suffered by him in purchasing the LSC and in also making the construction. Further prayer made was for a decree awarding interest at the rate of 9% per annum from February, 2005 till final payment. Plaintiff also prayed for injunction to restrain the defendants from demolishing the house constructed by him on the land covered by LSC No. 863/2003 and also from dispossessing him from the property.