C. DAILOVA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) Heard Mr. A.R Malhotra, learned counsel for the appellant/plaintiff. Also heard Ms. Mary L. Khiangte, learned counsel for the respondent Nos. 1 to 4/defendant Nos. 1 to 4. Also heard Mrs. Dinary T. Azyu, learned counsel for the respondent Nos. 5 & 6/defendant Nos. 5 & 6.

(2.) This appeal has been filed against the impugned Judgment & Order dated 13.07.2012 passed by the Senior Civil Judge-I, Aizawl, by which Declaratory Suit No. 4/2010 has been dismissed and the counter claim of the respondent Nos. 5 & 6 has been decreed. The subject matter in issue relates to the sale of a lease-hold land covered by a land lease, which was in the name of the Secretary, IKK, ITI Veng. However, the land was sold by the IKK Republic/ITI Veng to the appellant. It should be noted that though the IKK Republic/ITI Veng and IKK, ITI Veng were one single group belonging to one Church denomination earlier, they had split into two groups sometime in December 1994.

(3.) The appellant's case is that the appellant purchased land from the Church denomination, namely Isua Krista Kohhran, Republic/ITI Veng, (hereinafter referred to as IKK Republic/ITI Veng) on 02.05.2000, by way of an unregistered Sale Deed. The land that had been bought was covered by a land lease bearing Registration No. DLP Misc No. 43/1995. After selling the land, the IKK, Republic/ITI Veng surrendered the land covered by DLP Misc No. 43/1995 to the Government vide Letter dated 28.05.2000 and requested the Government to issue a Land Pass to the appellant. However, due to the objection raised by the respondent Nos. 5 & 6, who belonged to the IKK, ITI Veng, with regard to the sale of land to the appellant, a dispute arose between the IKK, Republic/ITI Veng and the IKK, ITI Veng, regarding the sale of the land to the appellant. The Government thereafter approved the conversion of the land covered by DLP Misc. No. 43/1995 to a House Site Land Settlement Certificate (LSC), in favour of the appellant on 05.02.2002 and vide Cancellation Order dated 18.02.2002 issued by the Director, Land Revenue & Settlement Department, the DLP Misc. No. 43/1995 was cancelled. Thereafter, Land Settlement Certificate (LSC) No. 104402/01/176 of 2002 was issued in respect of the land in favour of the appellant on 23.09.2004. The Land Revenue & Settlement Department, Govt. of Mizoram had to eventually intervene in the dispute between the parties. A stay order Dated 19.03.2002 was also issued by the Revenue & Settlement Department directing the appellant not to carry on any further development on the suit land. Many attempts were made by the State Government to settle the matter. However, as no settlement could be reached between the parties, the Under Secretary to the Govt. of Mizoram, Revenue & Settlement Department issued Letter dated 08.01.2010 to the Director, Land Revenue & Settlement stating that the observation of the Government was that the dispute could not be settled at the Government level and accordingly, the parties were advised to approach the Civil Court.