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2016 Supreme(Gau) 822

M.R.PATHAK
UNION OF INDIA, REPRESENTED BY THE DEFENCE SECRETARY, GOVERNMENT OF INDIA – Appellant
Versus
P. LALBIAKA, EX-MLA, S/O. SELTHUMA (L) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Bibhash Pathak, Advocate.
For the Respondent:Mr. Mr. C. Lalramzauva, Sr. Advocate, Mrs. K. Lalramnghaki, Advocate, Mr. A. K. Rokhum, Advocate, Addl. Advocate General, Mizoram.

JUDGMENT :

M.R. PATHAK, J.

1. Heard Mr. Bibhash Pathak, learned counsel for the appellants/defendant Nos. 5, 7 & 8. Also heard Mr. C. Lalramzauva, leaned senior counsel assisted by Mrs. K. Lalramnghaki for the respondent Nos. 1 to 6/plaintiff Nos. 1 to 6 and Mr. A. K. Rokhum, learned Additional Advocate General for the respondent Nos. 8 to 11/defendant Nos. 1 to 4.

2. This appeal under Order 41 of the Court of Civil Procedure read with Section 17 (2)(b) of the Mizoram Civil Courts Act, 2005 have been filed by the appellants Union of India in the Defence Department against the judgment & order dated 28.08.2014 passed by learned Civil Judge-I, Lunglei District, Lunglei in Civil Suit No. 13 of 2010 preferred by the respondents as plaintiffs.

3. It is stated that from June 1967 the appellants herein are in occupation of the garden land of the respondents/plaintiffs located at Pukpui (Kawmzawl) in the District of Lunglei for security purpose since the days of the insurgency period in the State. The respondents/plaintiffs alleged that they are the owners of their said land on the strength of Village Council Passes/Periodic Pattas and Land Settlement Certificates (LSC) issued by the Pukpui Vi











































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