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NELSON SAILO
Lalnuntluanga – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Heard Lalawmpuii Fanai, learned counsel for the appellant, Ms. Zairemsangpuii, learned CGC for the respondent Union of India and Ms. Linda L. Fambawl, learned Government Advocate for the State respondents.
2. The appellant has filed the instant appeal under Section 97 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC) against the Order dated 21.03.2017 passed by the learned Senior Civil Judge, Aizawl in Civil Suit No. 2/2013 dismissing the suit on the ground of delay.
3. Be it stated herein that the original appellant was also the plaintiff before the learned Trial Court. During the pendency of the instant appeal, he expired on 16.01.2021 and therefore, an application for his substitution was filed by his son Sh. Lalnuntluanga through I.A(C) No. 73/2021 and the same was allowed vide Order dated 27.10.2021. Therefore, the present appellant is the son of the original appellant and will be referred to as the appellant.
4. Brief facts of the case is that the father of the appellant was issued House Pass No. 167/1965 by the Village Council of Zemabawk on 12.03.1965. He was looking after his plot of land by erecting structures, etc., until the Indian Army came to forcefull
The burden of proof in establishing adverse possession and the application of the Indian Limitation Act, 1963, are crucial legal principles established in the judgment.
The main legal point established in the judgment is that ownership rights over land must be supported by valid evidence and in accordance with the provisions of the Mizo District (Land and Revenue) A....
The statutory provision of limitation is to be enforced with all its rigour, and inconvenience is not a decisive factor to be considered while interpreting a statute.
Point of Law : Court has no power to ignore that provision to relieve what it considers a distress resulting from its operation.” The statutory provision may cause hardship or inconvenience to a part....
The court affirmed that procedural defects in land ownership suits are curable and that the plaintiffs' suit was not barred by limitation, allowing recovery of possession.
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