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MARLI VANKUNG
Chalmawii – Appellant
Versus
Sh F. Laldinsanga – Respondent
JUDGMENT :
Heard Mr. Johny L. Tochhawng, learned counsel for the appellant along with Ms. Lalawmpuii Fanai, learned counsel for respondent No.1.
2. Mrs. Mary L. Khiangte, learned Govt. Advocate for the State respondent Nos. 2 to 5 submits that they have nothing to submit in this matter since the dispute is mainly between the appellant and the respondent No.1.
3. This is an appeal filed under against the Order dated 07.12.2021 passed by the Senior Civil Judge-I, Aizawl District in Civil Suit No.56 of 2020.
4. The learned Trial Court had passed the impugned order directing the defendant No.1/appellant not to encroach the landed property belonging to the Plaintiff/respondent No.1 covered by LSC No.AZL-54 of 1981 located at Ramhlun Veng, Aizawl, Mizoram.
5. Mr. Johny L. Tochhawng, the learned counsel for the appellant submits that the trial court had passed the impugned order without giving the opportunity to neither of the parties to adduce the evidence in the court, but had passed its order based on the plaint and the written statement submitted and at the stage of hearing of the maintainability of the Civil Suit. The learned trial court had wrongly observed that the plaintiff submitted t
The determination of the cause of action and the opportunity for both parties to present evidence are crucial for ensuring a fair trial.
A plaintiff must plead the precise area of the property in encroachment cases to establish ownership and encroachment claims; failure to do so undermines the case.
The main legal point established is that a suit filed beyond the limitation period stipulated under the Limitation Act cannot be entertained by the court.
[The court established that the burden of proof lies on the defendant to substantiate claims of ownership or tenancy, and failure to do so, coupled with admissions against interest, can lead to a jud....
Point of law: Person raising plea of adverse possession must necessarily first admit the ownership of true owner of relevant property to the knowledge of that owner. In the instant case, the defendan....
The main legal point established in the judgment is the reliance on evidence such as the Advocate Commissioner's report, sale-deeds, and the FMB sketch to confirm encroachment and shortage of land, a....
(1) Adverse Possession—Mere possession cannot be deemed to be adverse possession merely on the basis of denial of another’s title over property for that would be violative of basic rights of actual o....
The courts affirmed that encroachment claims must be substantiated by factual evidence, and that any claim of adverse possession must be clearly demonstrated over a specific duration, aligning with s....
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