Lanusungkum Jamir, J.

1. Heard Mr. R. Iralu, learned senior counsel assisted by Ms. Mhabeni, learned counsel for the petitioner. Also heard Mr. P.B. Paul, learned counsel for the sole respondent. The father of the sole respondent Late Kuodio Angami lodged a complaint before the Phesama Village Council which was later transferred to the Court of ADC (J), Dimapur and was registered as C.S. No. 79/91. During the pendency of the suit the father of the respondent Late Kuodio Angami died. After a lapse of 5 years, the present respondent who is the daughter of Late Kuodio Angami made an application for substitution in C.S. No. 79/91. The said application was dismissed by the learned ADC (J) by order dated 6.8.1998. However, by the same order liberty was given to the respondent herein, to file any suit afresh. Thereafter, the respondent filed C.S. No. 3/98 for declaration of title of the suit land, cancellation of mutation/jamabandi issued in favour of the petitioner/appellants and for permanent injunction. After framing issues and adducing evidence from both the parties, the learned trial Court passed judgment dated nil August 2010 declaring title of the suit in favour of the res