CHALTHIANGI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) ON setting aside the judgment and order dated 23rd February, 2005 passed by this Court in RSA No. 4/2004 by the Hon'ble Apex Court vide order dated 27th February, 2006 passed in Civil Appeal No. 1319/2006 (arising out of SLP. (Civil) Nos. 18543-18544 of 2005), this case has been remitted with directions for treating the same as a First Appeal from the decision of the Title Suit No. 2/1990 of the Court of Addl. Deputy Commissioner (J), Lunglei, Mizoram and deciding it with regard to questions of fact and law. Accordingly, this case has been re-registered as RFA No. 02/2006.

(2.) THAT, this case is now being taken up for the third round by this Court. The judgment and decree dated 27. 07. 2004 passed in Title Suit No. 2/1990 by the learned Addl. Deputy Commissioner (J), Lunglei, Mizoram, dismissing the suit filed by the plaintiff-appellant but decreeing/declaring the Secretary, Home Department, Govt. of Mizoram as the rightful and legal owner of the land in dispute and further directing the respondent Nos. 5 to 8 to cancel LSC No. 57/1988 and allot another suitable site to the plaintiff-appellant, is impugned in this appeal. Pending final disposal of the said suit, the original plaintiff (Ngurchhina) expired and as such the appellant has been brought on record as LR of the deceased plaintiff.

(3.) HEARD Mr. George Raju, learned counsel for the appellant and Mr. N. Sailo, learned Additional Advocate General for the respondents.