Restoration of lawful land ownership rights requires adherence to proper transfer processes as per land revenue acts; cancellation without due procedure is invalid.

JUDGMENT :

Marli Vankung, J.

Heard Ms. Zairemsangpuii, learned CGC for the appellants. Also heard Mr. C. Lalramzauva, learned Senior Counsel for respondent No. 1, assisted by Mr. Zoramchhana, learned counsel and Mr. L.H. Lianhrima, learned Senior Counsel for respondent No. 2, assisted by Ms. Ruth Lalruatfeli and Ms. Lalnunhlui, learned Government advocate for the State respondents.

2. This is an appeal filed against the judgment and order dated 17.05.2023 passed by the Senior Civil Judge-I in Civil Suit No. 59/2016, wherein, the learned Trial Court had decreed for the appellants to hand over vacant and peaceful possession of the disputed land to the respondent No. 1. The appellants were also directed to deposit a rental compensation amounting to Rs. 8,70,1699/- for a period from 01.06.1963 to 31.12.2008 as already assessed by the State Government and make further assessment from 01.01.2009 till date, by setting aside the Order dated 24.11.2015 issued by the State Government.

3. The brief facts of the case is that the present respondent No. 1, being the plaintiff in Civil Suit No. 59/2016, had filed the suit by initially arraying the present respondent No. 2 (Thanzauva) as defendant No. 1 and the present State respondent Nos. 3 & 4 as State defendants Nos. 2 & 3 and Sh. D. Lalrintluanga and Sh. Bialzauva (L) represented by his wife Lalzamliani Sailo present Proforma Respondent Nos. 5 & 6 as Proforma Defendant Nos. 4 & 5, by challenging the order of cancellation of Permit No. 191/1974 by the defendant No. 2 (Revenue Department) vide impugned Order dated 24.11.2015.

4. The plaintiffs’ (present respondent No. 1) case in Civil Suit No. 59/2016, was that Shri Liantudaia (L) was allotted landed property at Zemabawk, initially covered by Permit No. 682/1963, which he had bifurcated into two Permits viz., Permit No. 190/1974 and Permit No. 191/1974. The dispute is over the landed property covered by Permit No. 191/1974. Shri. Bialzauva, proforma defendant Nos. 5, had purchased a portion of the land covered by Permit No. 191/1974 and transfer of the land was effected on 10.06.1977. After the death of Liantudaia, on 20.02.1986, his son the Defendant No.1/ present respondent No. 2 (Thanzauva) had obtained Heirship Certificate in respect of all the properties left behind by his late father. After obtaining the said Heirship Certificate, the Defendant No. 1 (Thanzauva) had sold a portion of his land lying outside the BRTF fencing Aizawl to Lunglei road covered by Permit No. 191/1974 to the Plaintiff (present respondent No. 1) vide "Inremna Thuthlung" dated 12.04.2002. At the same time, the rest of the land covered by Permit No. 191/1974 was under the occupation of the BRTF and as the Defendant No. 1 was unable to take physical possession of the said land, he had submitted a letter dated 06.06.2002 to the Chief Secretary, Mizoram, Aizawl wherein he prayed for issuance of new land Pass in respect of Permit No. 191/1974 as per the boundaries which are reflected in the said Permit. In the mean time, the Defendant No. 3 had forwarded a letter dated 10.05.2002 to the Defendant No. 2 wherein it was stated inter alia that “as per the report submitted on 11.09.1989, it was stated that Pu Liantudaia was allotted Garden Pass under Permit No. 682/63 by the defunct District Council Authority which was bifurcated into 2 passes vide Permit No. 190/1974 covering an area 4 1/2 Bighas and Permit 191/74 covering 2 Bighas of land. The report further stated that Liantudaia sold his Periodic Patta No. 191/1974 to Pu.Bialzauva and transfer of the land was effected on 10.06.1977. Since, Liantudaia sold his Periodic Patta No. 191/1974, he has no more claim as