IMPORTANT POINT
The court affirmed that unchallenged land settlement orders establish ownership rights, overriding claims of prior possession without legal backing.

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 Police in Nagaland r/w Order IV, Rule 1 of the Code of Civil Procedure pertains to a plot of land located at Sangtemla ward Mokokchung town.

4. For the sake of convenience, the parties in the appeal are referred to, as per their status in the suit in trial court as plaintiff/respondent herein and defendants/appellants.

5. As per the plaint, averment and the contention of the plaintiff/respondent herein in the suit is that:

(a) The plaintiff owned and possessed a plot of land located at Sangtemla ward at Mokokchung town, Nagaland having schedule of land as under:

(b) That, the Under Secretary to the Government of Nagaland, Land and Revenue Department by letter dated 15-07-1978 conveyed to the Deputy Commissioner, Mokokchung Nagaland the approval of the Government for allotment of the present suit land in favour of Shri L. Sosang, Mokokchung Nagaland (herein after to be referred as previous owner)

(c) Thereafter, the Deputy commissioner, Mokokchung Nagaland by an order dated 18-10-1978 issued a land settlement order of the said land in question in the name of Shri L. Sosang Jamir (previous owner). Thereafter, Shri L. Sosang Jamir (previous owner) was permitted to hold a residential permit No.2045 in his name issued from the office of the Municipal Council Mokokchung, Nagaland dated 29-03-1979.

(d) Subsequently, the disputed plot of land was purchased by the present plaintiff from Shri Imnaangshi & 7 others of Tzuwar clan of Ungma village (Original Land Owner) for consideration amount of Rs.1,00,000/-only by executing a Sale Agreement dated 06-08-2014.

(e) Thereafter, Shri L. Sosang Jamir (previous owner) by letter dated 25-03-15, intimated to the Deputy Commissioner, Mokokchung Nagaland that the residential permit No.2045 which was issued in his name is being transferred in favour of Smti. Abenla Imkong (Plaintiff).

(f) That in view of the said transferred dated 25-03-2015 made by the Deputy Commissioner, Mokokchung, Nagaland that the plaintiff has become the absolute and rightful owner of the suit land and accordingly, on dated 16-05-2015, the Sub Divisional Officer (Civil) Mokokchung Nagaland allowed the transfer of residential permit No.2045 in the name of Smti. Abenla Imkong.

(g) That the sketch map in respect of the schedule of the suit land has drawn up by the Land Record and Survey Officer (LRSO) Mokokchung, Nagaland dated 04-05-2015 and the same has been subsequently approved by the State authority.

(h) That since an old building existed in th