HMINGDAILOVA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under Section 100 has been preferred for setting aside the impugned judgment and order dated 30. 3. 2004 passed by Assistant to Deputy Commissioner, Aizawl District, Aizawl in connection with Civil Suit No. 3 of 1997 and the appellate judgment and order dated 22. 5. 2006 passed by Addl. District Magistrate (J), Aizawl in RFA No. 9 of 2004. For the purpose of this present appeal, after scrutiny of the materials available in the record and submissions of the counsel of both the parties, the following substantial questions and additional substantial question of law have been formulated :- Substantial Questions of Law :

(2.) IN respect of the land covering an area of 40. 73 Bighas under land settlement certificate No. G-91 of 1985, the Directorate of land revenue and settlement issued a Non-encumbrance Certificate No. 188 of 1985 dated 17. 12. 1985, which goes to show that the land is/was free from all encumbrances. The land under LSC No. G-91 of 1985, land measuring an area of 15. 15 Bighas being in the occupation of respondent No. 1 to 6, who do not have valid permit issued by the Revenue Department, the appellant-plaintiff approached the respondent No. 2 and 4 herein on many occasions and requested them to pay the rent with effect from the date on which he purchased the said land from Shri Khawvelthanga. The appellant-plaintiff had been paying tax for entire land covered under LSC No. G-91 of 1985 including the portion of the land being under the occupation of respondent Nos. 1 to 6. Appellant-plaintiff sent letters and notices to the respondent Nos. 2, 3 and 4 requesting them to pay the rent with effect from 8. 5. 1982 at the rate fixed by the Deputy Commissioner, Aizawl. Rent was fixed by Deputy Commissioner, Aizawl at Rs. 1296/- per month for the portion of the land occupied by the respondent No. 2 to 4. Although such request was made on several occasions but respondent Nos. 1 to 6 did not pay any heed for which he had to take resort to Section 80 of CPC.

(3.) THE learned trial court, on the pleadings of both the parties, framed the following issues: