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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
PRANJAL DAS
H. Lalhmingthangi (L) – Appellant
Versus
P.C. Lianngura, S/o- Darchhunga (L) – Respondent
| Table of Content |
|---|
| 1. background facts of the eviction suit. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments raised by both parties. (Para 8) |
JUDGMENT :
PRANJAL DAS, J.
1. Heard Mr. Zoramchhana, learned counsel for the appellant and Mr. C. Vanlalmalasawma, learned counsel for the respondents.
2. The instant appeal has been filed by the appellant-defendant against the judgment and decree dated 23.03.2023 passed by the learned Civil Judge (Senior Division) No. 3, Aizawl in Eviction Suit No. 6 / 2017. The eviction suit i.e., Eviction Suit No.6 of 2017 was filed by the plaintiffs- respondents against the appellant-defendant. The plaintiffs submitted in the plaint inter alia that the land and building covered under the LSC No. AZL-3 of 1980 were mortgaged by the defendant to Smt. RS Lalsangzuali by way of mortgage by deposit of title deed for availing a loan of Rs. 2,00,000/- (Rupees two lakh only) on 29.9.2007. That, as per their agreement, the defendant would return the principal amount and interest within six months from the date on which the defendant deposited the said LSC to Smti. RS Lalsangzuali. That, the said LSC No. AZL-3 of 1980 was handed over to Smti. RS Lalsangzuali and the defendant to
Valid property transfers require registration, especially when rights are extinguished, and failure to comply renders transactions void.
Redemption of mortgage - Evidence led by applicant during trial is inconsistent with pleadings and documents stated to have been deposited with plaintiff / appellant for creation of equitable mortgag....
Redemption of mortgage – Unregistered mortgage deed – Undertaking to create a charge, in absence of a registered mortgage deed does not vest any legal interest in immovable properties.
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