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2010 Supreme(Gau) 464

A.C.UPADHYAY
Secretary to the Government of India, Ministry of Home Affairs – Appellant
Versus
Sh. Dengsailova – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Michael Zothankhuma, R. Laltanpuia and Vaulalinghaka, Advs.
For Respondents/Defendant: C. Lalramzauva, A.R. Malhotra and Dinari T. Azyu, Advs.

JUDGMENT

A.C. Upadhyay, J.

1. This appeal filed by the Defendants/Appellants (hereinafter referred to as 'Defendants'), under Sub-section 2 of Section 17 of the Mizoram Civil Court Act, 2005, read with Section 96 of the Code of Civil Procedure, is directed against the judgment and order dated 17.12.2008 passed by the learned Senior Civil Judge, Aizawl, in C.S. No. 05 of 2003, whereby the suit for declaration of ownership over the suit land and for cancellation of allotment to the Defendant No. 8 and eviction there from and also for payment of rental charges/compensation, filed by the Plaintiffs, was decreed.

2. The facts, leading to the filing of this appeal, may be summarized, in brief, as follows:

The Plaintiffs/Respondents' (hereinafter referred to as 'Plaintiffs') claim over the suit land occupied by the Assam Rifles at Serchhip, is on the basis of allotment of house site passes/land passes', by the Village Council of Serchhip, sometime in the year 1963 to 1966. The Plaintiffs stated that after having been allotted the 'house site passes/land passes, they had constructed their houses thereon and came to occupy the same. However, in the year 1966, when insurgency broke out in the St


























































































































































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