PARLAWMI LRS OF BUALSAILOVI Vs. STATE OF MIZORAM

JUDGEMENT

(1.) THE judgment dated 9. 9. 2005 in RFA No. 25 of 2004 passed by the Deputy Commissioner, Aizawl dismissing the appeal and confirming the judgment and order dated 17. 11. 2004 passed by ADC, Aizawl in TS No. 15 of 1988 stands impugned in the present second appeal.

(2.) I have heard Mr. C. Lalramzauva, learned counsel for the appellant and Mr. N. Sailo, learned Addl. Advocate General, for the defendant/respondents.

(3.) THIS second appeal has been preferred by the legal heir of Bualsailovi, who originally instituted Title Suit No. 15 of 1988. Her case is that her husband late Dr. Pika was the owner of certain lands located at Kulikawn, Aizawl. After his death the Director of Health Services, Mizoram (6th defendant herein) approached her to donate a portion of her land under Pass No. 181/57 for construction of a Civil Hospital. She agreed and donated 58. 77 bighas on condition that the name of the hospital would be Dr. Pika Memorial Hospital. The defendants took over her land accepting the condition and paid her compensation for the crops standing on the said land. Adjacent to her land were the lands of one Lalchhunga. The defendants acquired 11. 42 bighas of his lands. Her grievance is that while preparing the Sketch Map demarcating the lands the defendants secretly included a portion of land reserved for her own use and when she constructed a house on the said land, Revenue authority dismantled the same at the instance of the Directorate of Health Services. Aggrieved, she filed a title suit on 18. 11. 86, which, however, had to be withdrawn due to certain defects with leave of the court to institute the suit afresh. Accordingly the instant suit was filed contending, inter alia, that, between the boundary line of the land acquired for hospital and the road known as Bungkawn - Saikhama Kawn Road there is left a patch of land which she continued to own, use and possess. This patch of land measuring 26 1/4 ft. in breadth runs from Pillar No. 1 to Pillar No. 2 of the Map. She made a prayer to the trial court to decree the suit declaring her title in the lands between the Pillar No. 1 and Pillar No. 2 as shown in the enclosed Schedule 1a and to restrain the defendants by a temporary injunction from disturbing her peaceful possession therein. Her further prayer was for a decree of damage to the tune of Rs. 50,000/- for dismantling her house and Rs. 20,000 as cost of the suit. The suit land described in Schedule 1a are bounded on the east by the lands of Thanruma and another, on the west by the lands of Hrama's Garden and hospital compound, on the north Pillar 1 to motorable road and on the south Rosiama's Garden and Nallah. She thus tried to assert that there exists lands in between the road and Pillar No. 1 - 2 (boundary line) which was never donated by her and continued to be in her possession.