Lanusungkum Jamir, J.

1. The appellant is a permanent resident of Melthum, Aizawl. The appellant was allotted land pass vide Misc. Pass No. 12/1970 on 02.11.1970 by the Mizoram District Council, Executive Department through the Assistant Settlement Officer-I, Land Revenue & Settlement Department, Aizawl District, Aizawl. In Misc.. Pass No. 12/1970, the area of the land (in Bigha) is shown as 10 Bigha and the boundary of the land is quoted as under :-

"Boundary :-

East: Start from the unreserved area towards at the Damlam, 50 fts to be taken at the Theitat tree area on the tarn road towards Saikhamakawn jungle path till stream.

South: Start from the public jungle path till the stream

West: Start at the end of village on the tall

Khiang tree till the stream on the both sides.

North: Till the stream."

Thereafter, the appellant took over possession over the land as per described boundary in Misc. Pass No. 12/1970. The appellant also paid revenue to the Government against the said land. While the appellant was under peaceful occupation of his land, the Directorate of Land Revenue & Settlement, Aizawl, Mizoram/respondent No. 5 issued an order dated 04.10.1996 on the basis of representation received from the Village Council and Young Mizo Association, Melthum that the appellant is maintaining his land beyond the land prescribed by Misc. Pass No. 12/1970. On the basis of the complaint, Surveyors were deputed to verify and re-demarcate the pass and on the basis of the report of the Surveyors, it was found that instead of 10 Bighas, the appellant was claiming occupation of 34.65 Bighas. Therefore, a decision was given by letter dated 16.09.1996 that the appellant has rightful claim of the actual area of 10 Bighas as shown in the Misc. Pass No. 12/1970 and the land in excess will be utilized for public purpose and for allotment to the landless persons. The said decision was reflected in order dated 04.10.1996 issued by the respondent No. 5. The Government thereafter, took a decision for bringing up House Sites Plan at Melthum Thlanmual Ram but the same was abandoned and status quo was maintained by an order dated 12.1.2005. Thereafter, by a communication dated 06.06.2007 addressed to the Director, Directorate of Land Revenue & Settlement, Aizawl, Mizoram/respondent No. 5 written by the respondent No. 6, approval was conveyed for House Sites in respect of 38 persons at Melthun House Site Plan.

2. Being aggrieved, the appellant approached the Court of the learned Senior Civil Judge-1, Aizawl District, Mizoram by way of Title Suit No. 21/2007 with the following prayers:-

"The Plaintiff therefore prays:

(i) That a decree be passed in favour of the Plaintiff against the Defendants declaring that the Plaintiff is the owner and title holder of the Suit Land measuring 34.65 bighas covered by Misc.. Pass No. 12 of 1970 as per the boundary demarcation mentioned in the said pass of the Plaintiff.

(ii) That a decree be passed in favour of the Plaintiff against all the Defendants not to disturb the Plaintiff's peaceful possession and occupation of the Suit Land in any way.

(iii) That a decree be passed in favour of the Plaintiff against all the Defendants canceling any allotment of land to any person within the boundary description of the said Misc.. Pass No. 12 of 1970.

(iv) That a decree of mandatory permanent injunction be passed in favour of the Plaintiff against all the Defendants not to disturb the Plaintiffs peaceful possession and occupation of the Suit Land in any way and that the House Site Plan made by the Defendants be cancelled.

(v) That a decree be passed in favour of the Plaintiff against the Defendants that the Plaintiff is legally entitled as per the provisions of law, justice, equity and good conscience."

The learned Trial Court thereafter, framed three issues which read as under:-

"1. Whether the suit is maintainable or not

2. Whether the plaintiff in excess of the area stipulated in his Misc. Pass No. 12 of 1970 had occupied the suit land