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B.D.AGARWAL, H.BARUAH
State of Mizoram Rep. by Chief Secretary – Appellant
Versus
Biakkungi – Respondent


Advocates:
Counsel for the Parties:
For the Appellants: Shri Nelson Sailo, PP, State of Mizoram.
For the Respondent:Shri B. Lalramenga, Advocate.

JUDGMENT AND ORDER (ORAL)

B.D. Agarwal, J.—This appeal is directed against the judgment and decree dated 21.12.2011 passed by the learned Senior Civil Judge, Aizawl in Civil Suit No.11 of 2008. By this ex parte judgment, purportedly passed under Order VIII, Rule 5 Sub-rule (2) of the Code of Civil Procedure, the trial court has decreed the suit declaring issuance of land LSC No. DPF No.68 of 2005, issued by the respondent No.6 in favour of the defendant No.2 as null and void. Additionally, the trial court has also directed the respondents to pay rent of Rs.10,000 per month from the month of January, 1984 till the defendants vacate the suit land. This amount is directed to carry interest at the rate of 12% per month. Being aggrieved with this decree, the State appellant has filed this appeal.

2. We have heard Shri N. Sailo, learned Addl. Advocate General, for the appellants and Shri B. Lalramenga, learned counsel for the plaintiff/ respondent. We have also perused the impugned judgment.

3. The learned Addl. Advocate General for the appellant submitted that some portion of the land belonging to the plaintiff was allowed to be utilized by the Public Health Engineering Department (defe














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