JUDGMENT :

Heard Mr. A.R. Malhotra, learned counsel for the appellant/plaintiff and Ms. Mary L. Khiangte, learned Government Advocate appearing for the State respondent/defendant Nos.1 to 4. Also heard Mr. Zochhuana, learned counsel for the respondent/defendant No. 5.

2. This is an appeal filed by the appellant against the Judgment & Order dated 27.06.2012 passed by the Senior Civil Judge-I, Aizawl District, Aizawl in Title Suit No. 9/2008. The appellant was the plaintiff before the Trial Court and likewise, the present respondents were the defendants. The learned Trial Court vide the impugned Judgment & Order dated 27.06.2012 dismissed the Suit. Aggrieved with the same, the plaintiff as appellant is before this Court.

3. Brief facts of the case as projected by the appellant is that he purchased a certain plot of land, which was a part of LSC No. 668 of 1976 from one Smt. Debu Thapani by executing a Sale Deed dated 21.12.1995 for a considered sum of Rs. 5,00,000/-(Rupees Five Lakhs). The dimension and boundary of the purchased land was mentioned in the Sale Deed. According to the appellant, Smt. Debu Thapani survived her late mother Smt. Mangali Thapani and she looked after the landed property after obtaining Heirship Certificate No. 293/1993 in respect of LSC No. 668 of 1976. However, while the said LSC was in her custody, the same was stolen by her nephew Sh. Lalzuiliana, alias Budea, S/o Gone Thapa (L) and he caused the partition of the said LSC into 5 (five) different plots as follows:-

(i) Suresh Thapa - LSC No. 668/1976

(ii) Rosiama - LSC No. 858/1993

(iii) LilaThapa - LSC No. 859/1993

(iv) JamunaThapa - LSC No. 860/1993

(v) Lalzuiliana - LSC No. 861/1993

4. Smt. Debu Thapani then made a complaint on the partition of LSC No. 668 of 1976 in the names of the persons as mentioned above and subsequently, she filed a Civil Suit, which was registered and numbered as Civil Suit No. 5/1995. The Civil Suit was disposed of by the learned Trial Court vide Judgment & Order dated 25.03.2003 with a finding that the plaintiff Smt. Debu Thapani was entitled to relief to the extent it was mentioned in the judgment. The operative portion of the judgment may be abstracted below:-

“(i) All the remaining vacant portions of the suit land covered under the original LSC No. 668/1976 shall be restored to the plaintiff without cancelling the other 4 (four) existing LSCs aforementioned.

(ii) Demarcation lines of LSCs between those of the defendant Nos. 5 & 8 and the plaintiff shall be modified accordingly by the defendant Nos. 1 -4 at the instant of the plaintiff within 60 (sixty) days from the date of the order.”

5. That since the appellant had purchased some portion of the land from Smt. Debu Thapani, he was about to make developments on the suit land. However, Smt. Phulmaya Thapa and her children instituted a Declaratory Suit No. 1/1998 by making Smt. Debu Thapani and the appellant as the defendants. The Declaratory Suit came to be dismissed vide Judgment & Order dated 17.10.2006. Smt. Phulmaya Thapa and her children being dissatisfied with the dismissal of the suit filed an appeal, i.e., RFA No. 18/2006 before the appellate Court but the same was also dismissed vide Judgment & Order dated 21.08.2007 and the right and title in respect of the suit land in favour of the appellant was confirmed. Despite such being the case, the respondent Nos. 1 to 4 in the meantime had issued LSC No. 103102/01/1281 of 2005 to the respondent No. 5 on the strength of an alleged Sale Deed executed by Sh. Baitea, S/o Sene (L) in favour of the respondent No. 5 for the very same land purchased by the appellant. The appellant therefore being aggrieved instituted Title Suit No. 9/2008 praying for a decree to declare his right and title over the suit land after the cancellation of the LSC issued to the respondent No. 5. The appellant also sought for modification of the order under Memo No. 21011/39/07-DC(A)/206 dated 25.01.2008 for effecting cancellation of the LSC issued to the re