UNION OF INDIA Vs. SAITHANGPUII SAILO

JUDGEMENT

(1.) Heard Ms. Zairemsangpuii, learned CGC for the appellants. Also heard Mr. C. Lalramzauva, learned Senior Counsel for respondent No.1,assisted by Mr. Zoramchhana, learned counsel and Mr. L.H. Lianhrima, learned Senior Counsel for respondent No.2, assisted by Ms. Ruth Lalruatfeli and Ms. Lalnunhlui, learned Government advocate for the State respondents.

(2.) This is an appeal filed against the judgment and order dtd. 17/5/2023 passed by the Senior Civil Judge-I in Civil Suit No. 59/2016, wherein, the learned Trial Court had decreed for the appellants to hand over vacant and peaceful possession of the disputed land to the respondent No.1. The appellants were also directed to deposit a rental compensation amounting to Rs.8,70,1699.00 for a period from 1/6/1963 to 31/12/2008 as already assessed by the State Government and make further assessment from 1/1/2009 till date, by setting aside the Order dtd. 24/11/2015 issued by the State Government.

(3.) The brief facts of the case is that the present respondent No. 1, being the plaintiff in Civil Suit No. 59/2016, had filed the suit by initially arraying the present respondent No. 2 (Thanzauva) as defendant No. 1 and the present State respondent Nos. 3 and 4 as State defendants Nos. 2 and 3 and Sh. D. Lalrintluanga and Sh. Bialzauva (L) represented by his wife Lalzamliani Sailo present Proforma Respondent Nos. 5 and 6 as Proforma Defendant Nos. 4 and 5, by challenging the order of cancellation of Permit No. 191/1974 by the defendant No. 2 (Revenue Department) vide impugned Order dtd. 24/11/2015.