BUDI HABUNG
Union Of India Through The Secretary Ministry Of Home Affairs, New Delhi – Appellant
Versus
Abenla Imkong – Respondent
JUDGMENT :
Budi Habung, J.
Heard Mr. W.R. Ngullie, learned counsel for the appellants. Also heard Mr. Taka Masa, learned Sr. counsel assisted by Mr. Arenlong, learned counsel for the respondent.
2. This appeal filed under section 96 of the Civil Procedure Code (CPC), 1908 is directed against the impugned judgment and decree dated 29.9.2018 passed by the Court of the Principal District & Sessions Judge, Mokokchung, Nagaland in Civil Suit No.01/2018. By the said impugned decree, the suit land located at Sangemla Ward, Mokokchung Town has been declared in favour of the plaintiff/respondent herein and the appellant has been stopped from any activities on the decreed land and ordered that the plaintiff/respondent to hold, enjoy and possess the said land without any hindrance from the defendant/appellant herein.
3. The present appellants are the defendants No.1 & 2 in the title suit No.01/2018 before the trial court filed by the respondent/Plaintiff. The respondent, as plaintiff, preferred a suit for declaration of rights, title, interest, recovery of possession and perpetual injunction and eviction against the defendants/ appellants herein under Rule 24 of the Administration of Justice and
The court affirmed that unchallenged land settlement orders establish ownership rights, overriding claims of prior possession without legal backing.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their 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....
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
Restoration of lawful land ownership rights requires adherence to proper transfer processes as per land revenue acts; cancellation without due procedure is invalid.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
Government land allotment confers rights to the allottee, validating the maintainability of an injunction suit despite disputes over title.
Point of Law : Revenue record – Record of Right - Though these entries have been held to be having no legal basis yet these could be looked into for collateral purposes.
The court held that a title deed must be substantiated with clear evidence, and the Survey Commissioner's findings are critical in resolving land disputes.
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