SH. CHALZIKA Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) THIS regular first appeal is against the judgment and order dated 28.6.2012 passed by the Sr. Civil Judge, Aizawl District, Aizawl in Title Suit No. 04/2007 dismissing the suit that was filed by the present appellant. As the facts in detail are available in the impugned judgment and order, instead of repeating the same, only the relevant facts pleaded in the plaint are referred to herein below.

(2.) THE respondents No. 5, 6 and 7 filed their written statement resisting the claim of the plaintiff/appellant and it was contended that Thanzama had met with an accident on 31.1.1992 because of which he remained unconscious and had to be admitted at Aizawl Civil Hospital where he remained for a number of days. After release from the hospital, he underwent further treatment at home. It was alleged that during that time, his wife Kapthangi had clandestinely taken out his LSC No. 386/1976 and cause transfer of the same to her name by slicing out LSC No. 722/1992 from LSC No. 386/1976. She then transferred both the LSC to her name without the knowledge of her husband and thereafter sold the LSC No. 386/1976 to her brother, who is the plaintiff/appellant. It was alleged that the signature of Thanzama appearing in the sale deed was the product of forgery.

(3.) ON the basis of the pleadings, the learned Trial Court framed the following issues for determination.