CHALTHIANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The present Title Suit No. 2 of 1990 of the Court of Additional District Magistrate (J), Lunglei District has a very chequered history. This case has come up for the second time before this Court after the first round from Trial Court upto the Division Bench of this Court. It appears that after the two judgment & orders of the learned Trial Court and Judgment & Order of this Court dated 25.5.2001, there is not much dispute about the facts between the present Appellant (Plaintiff of the Title Suit No. 2/90) and present Respondents, i.e. Defendant Nos. 1-8 of the Title Suit No. 2/90. As such in order to avoid repetition of facts and repeated discussion of the statements of PWs and D Ws, this Appeal is being decided on the question of law referring to the admitted facts as and when necessary by mentioning the fact and evidence in the most precised terms.

(2.) Heard Mr. George Raju, learned counsel for the Appellant and Mr. N. Sailo, learned Govt. Advocate for the Respondents.

(3.) This appeal is directed against the Judgment & Decree dated 27.07.2004 of the learned Trial Court passed in Title Suit No. 2 of 1990 of the Court of Addl. Deputy Commissioner (J), Lunglei, Mizoram for the second time dismissing the Suit of the Plaintiff/ Appellant after this Court passed Judgment & Decree dated 25.5.2001 in R.F. A. No. 5 of 2000 by allowing the Appeal against the Judgment & Decree dated 21.6.2000 passed by the Trial Court for dismissing the said Title Suit No. 2 of 1990.