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NELSON SAILO
Lalmuankimi, Ramthar Veng, Lunglei District, Mizoram – Appellant
Versus
State of Mizoram, r/b the Chief Secretary to the Govt. of Mizoram – Respondent
JUDGMENT :
Heard Mr. A R Malhotra, learned counsel for the appellant/plaintiff, Mrs. Linda L Fambawl, learned Government Advocate for the State respondent Nos. 1 to 4/defendant Nos.1 to 4 and Mr. L H Lianhrima, learned Senior Counsel assisted by Ms. Ruth Lalruatfeli for the respondent No. 5/defendant No.5.
2. This is a second appeal filed by the appellant under Section 17(2)(b) of the Mizoram Civil Court’s Act, 2005 (Civil Court’s Act) r/w Section 100 of the Code of Civil Procedure, 1908 (CPC) against the Order dated 13.03.2019 passed by the Court of District Judge, Lunglei (First Appellate Court) whereby, the First Appellate Court set aside the Judgment & Order dated 12.08.2014 of the learned Trial Court and the decree drawn while declaring the present respondent No. 5 as the absolute and rightful owner of the suit land after coming to the conclusion that the Civil Suit was barred by limitation.
3. This Court vide Order dated 08.10.2020 while issuing notice to the respondents formulated the following substantial question of law:-
4. Brief facts of the case essential for disposal of the instant appeal is that the father of th
Point of Law : It is a well-settled principle of law that a party claiming adverse possession must prove that his possession is 'nec vi, nec clam, nec precario', that is, peaceful, open and continuou....
Adverse possession requires the defendant to prove continuous, open, and hostile possession for the statutory period, which was not established in this case.
The main legal point established in the judgment is that ownership rights over land must be supported by valid evidence and in accordance with the provisions of the Mizo District (Land and Revenue) A....
It is settled that necessary ingredients of adverse possession are required to be specifically pleaded and necessary factual foundation in support thereof is to be made out. Equally important is nece....
Defendants claiming adverse possession must prove such claims with clear evidence, as the burden lies with them, and mere long possession does not equate to ownership.
The main legal point established in the judgment is the principle of adverse possession and its application to determine property rights and limitation.
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