JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. A.R. Malhotra, learned counsel for the appellants. Also heard Mr. Johny L. Tochhawng, learned Amicus Curiae appearing for the respondent No. 1 and Mr. Lalremtluanga, learned counsel for the respondent No. 2.

2. This regular first appeal has been filed against the Judgment and Order dated 01.12.2017 passed by the Court of the Senior Civil Judge-III, Aizawl in Civil Suit No. 41/2009, by which the suit filed by the appellants/plaintiffs has been dismissed on the ground of res judicata. The case of the appellants is that the respondent No. 1 had approached the appellants for a loan totaling Rs. 13.5 lakhs on different occasions. Accordingly, the appellants had given a loan of Rs. 13,50,000/- (Thirteen lakhs and fifty thousand) only on three different dates starting from 24.09.2007 to the respondent No. 1, which was to be repaid with interest @ 10% per annum. The respondent No. 1 had morgaged LSC No. 321/1976 as security for the loan, with the permission of the owner of the LSC No. 321/1976 i.e. the respondent No. 2.

3. As the respondent No. 1 could not repay the loan amount, one Mr. H. Lalremthanga S/o Thanghlira, Khatla filed Eviction Suit No. 2/2008 in the Court of the Senior Civil Judge, Aizawl District against the respondent No. 2, praying for eviction of the respondent No. 2 from the land covered by LSC No. 321/1976. In Eviction Suit No. 2/2008, the respondent No. 2 was the sole defendant. The case of Sh. H. Lalremthanga was that as the respondent No. 1 had allowed the property to be mortgaged as security for the loan given to the respondent No. 1, the said property became the property of the plaintiff Sh. H. Lalremthanga, as the loan was not repaid by the respondent No. 1. In fact, LSC No. 321 of 1976 had been mutated in the name of the plaintiff Sh. H. Lalremthanga by the State Government. The plaintiff Sh. H. Lalremthanga was also the Secretary of Friendship Helping Hands Society (Appellant No. 1) which had given the loan amount of Rs. 13.5 lakhs to the respondent No. 1.

4. The Court of the Senior Civil Judge, Aizawl disposed of Eviction Suit No. 2/2008, vide Judgment and Order dated 14.11.2008, by holding that the respondent No. 2 had borrowed the money from the plaintiff and mortgaged his landed property. As such, the plaintiff Sh. H. Lalremthanga was found to be the rightful owner of the landed property. The respondent No. 2 was accordingly directed to vacate the land and building covered by LSC No. 321/1976.

5. Being aggrieved by the Judgment and Order dated 14.11.2008 passed in Eviction Suit No. 2/2008, the respondent No. 2 filed an appeal i.e. RFA No. 1/2009 before the Court of the Addl. District and Sessions Judge, Aizawl. The First Appellate Court thereafter allowed RFA No. 1/2009, vide Judgment dated 05.06.2009, by holding that mutation of the LSC from the respondent No. 2 to Sh. H. Lalremthanga was not justified. It also held that opportunity to contest the suit should have been given to the respondent No. 2 by the learned Trial Court. The impugned Judgment and Order dated 14.11.2008 passed by the learned Trial Court was thereafter set aside.

6. The Judgment dated 05.06.2009 passed by the Court of the Addl. District & Sessions Judge, Aizawl has attained finality as on date, as no appeal has been filed against the said Judgment passed in RFA No. 1/2009.

7. Subsequent to the above events, the appellants filed Civil Suit No. 41/2009 against the respondents praying for the following reliefs:

(i) For a decree in favour of the plaintiffs and against the defendants.

(ii) For a decree declaring that the plaintiffs are the legal and rightful owners of the land and building covered by LSC No. 321 of 1976 located at Chaltlang, Aizawl.

(iii) For a decree declaring that the plaintiffs have the right to peaceful and vacant possession of the land and building covered by LSC No. 321 of 1976 located at Chaltlang, Aizawl.

OR

For a decree declaring that the defendants are both jointly and severall