CHALDAILOVA CHALTLANG VENGTHAR Vs. ZAPARI D/O LALDANGLOVA
LAWS(GAU)-2018-7-162
HIGH COURT OF GAUHATI (AT: STATE)
Decided on July 11,2018

Chaldailova Chaltlang Vengthar Appellant
VERSUS
Zapari D/O Laldanglova Respondents

JUDGEMENT

Michael Zothankhuma, J. - (1.) Heard Mr. T. Lalnunsiama, learned counsel for the appellant. Also heard Mrs. Dinari T.Azyu, learned counsel for the respondent Nos. 1 and 2 and Mr. Samuel Vanlalhriata Chhangte, learned counsel for the respondent Nos. 3 to 6.
(2.) The facts of the case in brief is that the appellant and the respondent No. 7 were the owners of land covered by Village Council House Pass No. 222/1972, after they had purchased the same from one Sh. Neihkima. A dispute arose between the appellant and the respondent No. 7 (who are brothers) on the one hand and father of the respondent Nos. 1 and 2, i.e., Sh. Laldanglova on the other side. Sh. Laldanglova claimed the same land covered by House Pass No. 222/1972 on the ground that he had been issued Periodic Patta No. 319/1972 against the same plot of land.
(3.) The appellant and the respondent No. 7 thereafter filed Misc. Case No. 20/1986 in the Court of the Addl. Sub-ordinate District Council Court, Aizawl against the father of the respondent Nos. 1 and 2. The Court of the Addl. Sub-ordinate District Council Court (in short, Addl. SDCC) disposed of Misc. Case No. 20/1986 vide Judgment & Order dated 19.05.1987, by holding that the Village Council House Pass No. 222/1972 (in short V.C Pass No. 222/1972) was a valid pass, as it was issued as per the Mizo District Council House Site Act, 1953. It further held that the V.C Pass No. 222/1972 would stand vis ?-vis Periodic Patta No. 319/1972 and held that as the Periodic Patta No. 319/1972 covered a larger plot of land, the area of the V.C Pass No. 222/1972 should be sliced out from the Periodic Patta No. 319/1972. Accordingly, the Addl. SDCC decided not to cancel Periodic Patta No. 319/1972.;


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