TECHI MENIA Vs. TABA TAKAR

JUDGEMENT

(1.) Heard Mr. M. Pertin, learned Senior Counsel assisted by Ms. T. Y. Bhutia, learned counsel for the appellant. Also heard Mr. K. Tama, learned counsel for the sole respondent.

(2.) The present second appeal under Sec. 100 of CPC is preferred against the Judgment and Decree dtd. 24/2/2023 passed in Title Suit No. 19/2017 by the learned Civil Judge (Sr. Division) Yupia, whereby, suit preferred by the respondent was decreed by declaring right, title, and interest over the suit and declaring that the LPC dtd. 21/5/2012 issued in favour of the appellant/defendant was void and inoperative. The further challenge is Judgment and decree dtd. 8/5/2023 passed in Title Appeal No. 01/2023 whereby, the Judgment and Decree dtd. 24/2/2023 passed by the learned trial Court was upheld by dismissing the first appeal preferred by the appellant defendant.

(3.) The plaintiff instituted the suit claiming that he has inherited the suit land measuring 26888 sq. mtrs from his late father. The plaintiff applied for LPC and in the LPC, land was reduced by giving certain land for approach road. The defendant is a neighbour and his land was adjacent to the western boundary and the defendant purchased the land from one Taba Tath. The Extra Assistant Commissioner, Naharlagun recommended for issuance of LPC to the plaintiff, however, the defendant raised some objection and after some litigation, an agreement was entered between the defendant, her husband, plaintiff and the other necessary parties. Compromise settlement was arrived and accordingly, an agreement was executed on 26/7/2012 and in terms of the said compromise, the plaintiff paid Rs.8.00 lakhs to the defendant and the defendant surrendered her LPC along with the sketch map to the plaintiff.