IMPORTANT POINT
The judgment establishes that ownership claims must be substantiated by clear evidence and proper documentation, particularly in land disputes involving conversion of land titles.

JUDGMENT :

MICHAEL ZOTHANKHUMA, J.

1. Heard Mr. C. Lalramzauva, learned senior counsel for the appellant/defendant No. 4 assisted by Mr. Jonathan L. Sailo. Also heard Mr. L.H. Lianhrima, learned senior counsel for the respondent No. 1/plaintiff assisted by Ms. Ruth Lalruatfeli. Also heard Ms. Vanneihsiami, learned Government Advocate appearing for the respondent Nos. 2 to 4.

2. The appellant has filed the present Regular First Appeal putting to challenge the Judgment & Order dated 19.09.2023 and the Decree dated 20.09.2013 passed by the Court of the Senior Civil Judge-I, Aizawl in Declaratory Suit No. 37/2009, by which the learned Trial Court has decreed that the appellant is liable to return the loan amount of Rs. 10,000/- to the respondent No. 1 with interest @ 9% p.a, commencing from the date of the MOU dated 15.04.2008 and on receipt of the said amount of money with interest, the respondent No. 1 is to return the following 6 (six) Land Settlement Certificate (LSCs in short) which are as follows:

(i) LSC No. 104903/01/1836 of 2008

(ii) LSC No. 104903/01/1838 of 2008

(iii) LSC No. 104903/01/1843 of 2008

(iv) LSC No. 104903/01/1844 of 2008

(v) LSC No. 104903/01/1846 of 2008

(vi) LSC No. 104903/01/1847 of 2008

3. The Trial Court had also decreed the respondent No. 1 to be the legal and lawful owner of the 5 (five) LSCs, which are in the name of the wife and children of the respondent No. 1. They are as follows:

(i) LSC No. 104903/01/1835 of 2008

(ii) LSC No. 104903/01/1837 of 2008

(iii) LSC No. 104903/01/1839 of 2008

(iv) LSC No. 104903/01/1840 of 2008

(v) LSC No. 104903/01/1848 of 2008.

4. The case of the appellant is that the appellant was the owner of land originally covered by Periodic Patta No. 429/1976. Out of a portion of the area covered by Periodic Patta No. 429/1976, 10 House Passes were sliced out in the name of the respondent in the year 2001 by the Revenue Department, Government of Mizoram. Though a draft agreement had been executed between the appellant and the respondent No. 1 for sale of the 10 House Passes that were issued in the year 2001 for Rs. 12 lakhs, no final sale deed was executed between the appellant and the respondent No. 1 for sale of the 10 House Passes, though the appellant took Rs. 12 lakhs from the respondent No. 1 as the sale price for the 10 House Passes issued in the year 2001. The appellant’s further case is that though no final sale deed had been executed between the parties for the sale of the 10 House Passes that had been sliced out in the year 2001 from Periodic Patta No. 429/1976, the respondent No. 1 was given the original documents pertaining to Periodic Patta No. 429/1976 for the purpose of converting the 10 House Passes into Land Settlement Certificates (LSC in short).

5. By taking advantage of the fact that the appellant had given the original land documents pertaining to Periodic Patta No. 429/1976 to the respondent No. 1, the respondent No. 1 surreptitiously converted the 10 House Passes that were issued in the year 2001 into LSCs in his name, besides converting the remaining portion of the area under Periodic Patta No. 429/1976 into 5 House Passes in the year 2008, by falsely making a claim before the revenue authorities that the 5 House Passes issued in the year 2008 had been purchased by him from the appellant. Thereafter, the respondent No. 1 surreptitiously converted the 5 House Passes that were issued in the year 2008 into 5 LSCs in the name of the respondent No. 1, his wife and children.

6. The counsel for the appellant submits that the appellant is aggrieved, only with a part of the impugned judgment and order passed by the learned Trial Court and consequently only with the part of the decree, which pertains to the declaration by the learned Trial Court that the respondent No. 1, his wife and children are the owners of the 5 house passes which were issued in the year 2008, which was subsequently converted into LSCs numbers. The said five House Passes issued in the year 2008 and the subseq