SH. ROSIAMA Vs. STATE OF MIZORAM AND ORS.

JUDGEMENT

(1.) Heard Mr. Zochhuana, learned counsel for the appellant. Also heard Mr. Rosangzuala, learned Govt. Advocate for the respondent Nos. 1 to 7 as well as Mr. C. Lalramzuava, learned senior counsel for the respondent No. 8, assisted by Mr. H. Zodinsanga, learned counsel.

(2.) The appellant, who is the plaintiff, filed Declaratory Suit No. 5/2005 against the State of Mizoram and the private respondent No. 8 against the Orders passed by the State respondents, directing the appellant to vacate the Suit land and to demolish the building constructed by him.

(3.) The case in brief is that the appellant/plaintiff was issued Land Settlement Certificate (LSC) No. Azl-3067 of 1985 by the State respondents. The appellant constructed a building thereon and started living in the same. The respondent No. 8 filed a complaint with the authorities stating that the appellant had encroached upon the land of the respondent No. 8, which was covered by LSC No. 340 of 1980. The authorities thereafter, enquired into the dispute and after verification, came to a finding that the lands covered by the LSCs of the appellant and the respondent No. 8 overlapped each other. Thus, as the respondent No. 8 had been issued an LSC before issuance of an LSC to the appellant, the State respondents issued orders to the appellant to vacate the land and demolish the building that he had constructed thereon. The appellant thus file Declaratory Suit No. 5/2005 in the Court of the Senior Civil Judge-I, Aizawl praying for a decree that the orders passed by the State respondent Nos. 1 and 2 should be set aside and also for a decree stating the land covered by 2 (two) LSCs do not overlap each other. The appellant as plaintiff also prayed for declaring the Land Settlement Certificate No. Azl-3067/1985 as valid.