SH. SANGTHANGA Vs. C. LALMALSAWMI

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel assisted by Ms. Emily L. Chhangte, learned counsel appearing for the appellant. Also heard Mr. Zochhuana, learned counsel for the respondent.

(2.) The appellant s further case is that despite the appellant being the owner of the suit land, besides being in occupation of the land that originally belonged to Smt. Lalrinpuii (L), the respondent issued a letter dated 24.8.2005 to the appellant which states as follows:-

(3.) The appellant thereafter, submitted a reply dated 30.09.2005, in response to the respondent s letter dated 24.08.2005, stating that the appellant had constructed a house over the land belonging to Smt. Lalrinpuii (L) in the year 1991 and had been paying the monthly rent of Rs. 400/-. The appellant also stated in his letter that the land on which he had constructed the house had been gifted to Smt. Lalrinpuii (L) by the respondent s father, Shri. C. Sailala (L) in the year 1992. The appellant further stated that on 29.5.1992, Smt. Lalrinpuii (L) was given a loan of Rs. 50,000/- on the condition that half the portion of her share of the land would devolve upon the appellant if she failed to repay the loan amount along with interest @ 10% per month, within one month. The appellant in his reply dated 30.09.2005 thus stated that as he had been in occupation of the suit land for a period of 13 years and as the same had been mortgaged by him by Smt. Lalrinpuii (L), the respondent could not have any claim over the said land. Further, if the respondent wanted to repay the loan amount taken by her sister, the loan amount along with interest amounted to Rs. 8.5 lakhs.