SHRI ZOSANGLIANA, S/O VANROVA MISSION VENG, AIZAWL Vs. SHRI VANLALREMA S/O LALVETA, RAMHLUN NORTH, AIZAWL

JUDGEMENT

(1.) Heard Mr. Zochhuana, learned counsel appearing for the petitioner. Also heard Mr. S.Pradhan, counsel for the sole respondent.

(2.) The appellant’s case in brief is that the respondent/plaintiff had filed Declaratory Suit No. 1 of 2008 in the Subordinate District Council Court, Aizawl praying that the respondent/plaintiff should be declared the owner of the property in dispute. The Trial Court decreed the suit in favour of the plaintiff/respondent.

(3.) The petitioner/defendant preferred a Regular First Appeal vide RFA No.11 of 2009 before the District Council Court, Aizawl challenging the Judgment of the Subordinate District Council Court, Aizawl on the ground that no notice was issued to the petitioner/defendant before decreeing the suit in favour of the respondent/plaintiff. The RFA No. 11 of 2009 was transferred to the Court of Senior Civil Judge-I, Aizawl in view of the fact that the Judiciary had separated from the Executive vide the Mizoram Civil Courts Act, 2005. The RFA No. 11 of 2009 was dismissed by the Court of the Senior Civil Judge-I, Aizawl vide judgment and order dated 9.4.2012. The petitioner/defendant thereafter preferred another RFA No.24 of 2012 against the Judgment and order dated 9.4.2012 passed by the Senior Civil Judge-I, Aizawl before the Additional District Judge-I, Aizawl. The Additional District Judge-I, Aizawl set aside the Judgment & Order dated 21.1.2009 passed in Declaratory Suit No. 1 of 2008 and Judgment & Order dated 9.4.2012 passed in RFA No. 11 of 2009 vide order dated 11.2.2013.