JUDGMENT :

Heard Mrs. Dinari T. Azyu, learned counsel for the appellant alongwith Mr. L.H. Lianhrima, learned senior counsel for the respondent.

2. This is an appeal under Section 17(2)(b) of the Mizoram Civil Court’s act, 2005 read with Section 96 and Order 41 of the Code of Civil Procedure, 1908 against the Judgment & Order and Decree dated 28.04.2014 passed by the learned Senior Civil Judge-I, Aizawl District, Aizawl in Eviction Suit No.3 of 2012.

3. Facts of the case in a nutshell is that Plaintiff/Appellant is one of the daughters of the deceased Sh. Zaneka (L) and is a permanent resident of College Veng, Aizawl. The defendant No.1/Respondent No.1 is the husband of defendant No.2/Respondent No.2 while the defendant No.2/Respondent No. 2 is the sister of the plaintiff/appellant. That the plaintiff/appellant was gifted a plot of land covered by LSC No. 485 of 1974 by her late father Sh. Zaneka and at the same time the defendant No.2 was also gifted a plot of land by the said Sh. Zaneka (L), but the defendant No. 1 and 2 have sold the said plot of land to Smt. Chhungi Zahau and left Aizawl with their family to settle down in a village. The plaintiff was issued a Land Settlement Certificate vide LSC No.Azl-485 of 1974 and the same was changed to No.104202/01/160 of 2009 when cadastral survey was done by the Revenue Department. The area covered by the original LSC No.485 of 1974 was 3219 Sq. ft and when the said LSC was changed to the new number i.e LSC No. 104202/01/160 of 2009, the area was reduced to 3088.12 Sq.ft from 3219 Sq.ft. The fresh LSC No:104202/01/160 of 2009 was initially issued in the plaintiff's younger son's (Lalvulluaia) name. However, lateron 21.3.2012, it was transferred in the name of the plaintiff. The plaintiff has cleared all the taxes up to date.

4. The plaintiff’s case is that when the defendants/Respondents No.1 & No.2 returned back from the village, they did not have any place to stay in Aizawl. Out of compassion, the plaintiff/appellant allowed them to stay in her house. But as it was not convenient for the plaintiff/ Appellant and her family to stay in the same house with the defendants/Respondents No.1 &2, in the month of June 1996, the plaintiff/appellant told them to make a temporary building below her house and stay there till the land and building is required for the use by her and her family members. The defendant/respondents No.1 & 2 were said to spend about Rs.1,00,000/-(Rupees one lakh) only towards the construction of the said Assam Type building which was to be adjusted towards the rent deducted from the monthly rent @ Rs.500/-per month as they are closely related, for the period of 200 months (16 years and 8 months). After the expiry of the said period of 200 months the plaintiff/appellant requested the defendant/respondents No.1 & 2 to vacate the building, but they refused to vacate the building thus, defendants'/ respondent’s stay within the plaintiff's/appellant’s land and building was unauthorized with effect from February 2011. The plaintiff/appellant then came to know that defendant/respondent Nos.1 & 2 are trying to slice out the portion in which they are staying and prepare a separate Pass/LSC in their name. The plaintiff accordingly filed the eviction suit before the Civil Judge, Aizawl. In addition the plaintiff claimed that the defendants were liable to pay damages at the rate of Rs.10 each day since 16th May 2012.

5. The case of the defendant/respondent nos. 1 & 2 on the other hand, was that the Suit was barred by limitation. They denied the averments made by the plaintiff and stated that plaintiff’s husband died before he could complete the building of their house so the plaintiff had requested them/respondents nos. 1 & 2 to help her to complete it for her, thus, the respondents no.1&2 return to College Veng and completed the construction of her house. The plaintiff in turn allowed them to purchase the suit land measuring of 40 feet length and 35 feet breath for Rs.40,000/-(Rup