LALLIANMAWII Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel assisted by Mr. Johny L. Tochhawng, learned counsel appearing for the appellants. Also heard Mrs. Linda L. Fambawl, learned Govt. Advocate appearing for the respondents.

(2.) The present appeal has been filed against the Judgment & Order dated 13.02.2013 passed by the learned Senior Civil Judge-II, Aizawl dismissing the Civil Suit No. 48 of 2011.

(3.) The appellants' case in brief is that the respondents had occupied the building of the appellant/plaintiff No. 1 from the year 1981 till 1985 on a monthly rate of Rs. 5000/- per month, though the rental agreement was not reduced into writing. However, as no rent was paid by the Executive Engineer, PWD, Mamit to the appellant No. 1, the appellants/plaintiffs were allotted different works totaling Rs. 4,39,164/- in lieu of the non-payment of rent. The appellants started their work in the year 1981 and completed the same in the year 1985. The appellants' counsel further submits that on completion of the said works, Sh. Thangliana, J.E, PWD took measurement of the works and recorded the same in the measurement book. The appellants' counsel submits that as the payments had not been made to the appellants as per the M/B measurement, Civil Suit No. 48 of 2011 had been filed.