JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. C. Lalfakzuala, learned counsel for the appellants along with Mr. Samuel L. Pachuau, learned counsel for the respondent.

2. This is an appeal filed under Section 3 of the Assam High Court (Jurisdiction over District Council Courts) Order 1954 r/w Section 96 CPC in filing an appeal against the impugned Judgment and Order dated 06.01.2021 in Case No. 15/2020 passed by the learned District Council Court, Chakma Autonomous District Council, Kamalanagar, Mizoram.

3. Brief facts of the appellants’ case is that the appellant No. 2 was issued a landed property in the year 1980 covered by LSC No. 28/1980 and while she was in peaceful possession of the said land, the respondent constructed a house on the said plot of land, for which the appellant No. 2 had asked her son/Appellant No. 1, to dismantle the construction made by the respondent No. 1, stating that she was encroaching upon her land which was issued in the year 2018, within her Pass No. 28/2018 dated 23.10.2018. The respondent, on the other hand claimed that she had purchased the house site Pass No. 131/2018 from Bimal Chakma, the then VCP of Kamalanagar-III located at Kamalanagar-II near ICDS complex. She had constructed a house on the said plot of land which was forcibly dismantled by the appellant No. 1. The respondent then reported the matter to the Land Revenue and Settlement Department, CADC, wherein the Senior Revenue Officer had issued a notice directing the appellant No. 1 to dismantle the constructed house, but till date the appellant No. 1 neither dismantled the house nor vacated the plot. Thereafter, the respondent approached the Court of Chakma Autonomous District Council, Case No. 15/2020 was registered on 26.06.2020.

4. The learned District Council Court heard both the parties by taking evidence of both the parties on 14.07.2020 and a joint statement/spot verification was conducted by the Court along with a joint statement of the Mistiri and Jawalis as plaintiff (respondent in the instant appeal) witnesses.

5. The learned Court also mentions that the disputed plot of land was physically visited on 06.08.2020 and observed that no such land area to the tune of 5000 sq. meters was available under pass No. 28/80 dated 23.10.1980, thereafter, directed the Land revenue and Settlement department for re-measurement of both the passes a report of which was received on 19.02.2018 and on 21.10.2020. Thereafter the learned trial court decided the matter in favour of the plaintiff/respondent, stating that from the measurement of the land of the defendant/appellant, there is no enough area to the tune of 5000 sq. mtrs as described in the LSC Certificate No. 28/80, which is WRC land of the appellant No. 2, Milani Chakma. The learned Court observed that it appears that the pass of the defendant/appellant No. 2 was whimsically issued without proper measurement. The learned Court also observed that the pass of the appellant No. 2 was issued on 23.10.1980 and was never re-measured during the last 40 years as required under the terms and conditions of Temporary Passes of CADC. Further, Section 5 (c) of the CADC (Land and Revenue) Act, 2002 extended boundary of 20 meters is not provided for WRC land in the town area observing that the Revenue and Settlement Department should have checked and re-measured the plot of land of the appellant No. 2/defendant No. 2. That the land of the respondent No. 2 had not brought under regular cultivation as required under Sub-section 3 of Section 4 of the Chakma Autonomous District (Agricultural Land) Act, 1982. Similar to the pass of the petitioner some other passes have also been issued by the concerned authority adjacent to the pass of the respondent No. 2 but the respondent No. 2 have no issues with those passes.

6. Aggrieved by this Judgment and Order dated 06.01.2021, the instant appeal has been filed.

7. The learned counsel for the appellant mentions that the learned Court had accepted the verification report