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 c