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IN THE COURT OF CIVIL JUDGE (SENIOR DIVISION)
AIZAWL JUDICIAL DISTRICT, AIZAWL, MIZORAM
Civil Suit No. 54/2022
IN THE MATTER OF:
Shri H. Zoramthanpuia
S/o H. Lalhruaia
R/o Chanmari West
Aizawl, Mizoram
…..Plaintiff
Versus
1. Shri TBC Lalthafela
S/o Lalparliana (L)
R/o Zemabawk, Galilee Veng,
Aizawl, Mizoram
2. Smt. Robuki
W/o Rev. Lawmsanga (L)
R/o Zemabawk Galilee Veng
Aizawl, Mizoram
3. Shri Lalremruata
S/o Lalparliana (L)
R/o Zemabawk Galilee Veng
Aizawl, Mizoram
……Defendants
-AND-
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IN THE MATTER OF:
Written Statement of the Plaintiff
above-named against the
Counter Claim made by the
Defendant 1.
The abovenamed Plaintiff
MOST RESPECTFULLY SHEWETH:
PRELIMINARY OBJECTION
1. That the instant Counter-Claim is not maintainable in its
present form and style.
2. That the Counter-Claim is barred by laches, doctrine of
estoppel, quiescence and law of limitation.
3. That the Counter Claimant has prayed to declare sale
deed dated 12.06.2019 and mutation of LSC 999 of 1985
as null and void etc. However, despite knowing that the
cause of action allegedly been arose on 12.6.2019, the
Counter Claimant has remained silent for more than three
years. As per the relevant provisions of the Limitation Act,
1963, the Counter Claimant should have challenged the
same within a period of three years as such the claim is
now barred by Law of Limitation.
4. That the Answering Plaintiff/Defendant has denied the
averments save and except what are specifically
admitted herein below.
OBJECTION ON MERIT
5. That the answering Plaintiff strongly denied para 11 & 12 of
the Counter Claim. That the said LSC No. 999 of 1985 was
purchased by Answering Defendant from Shri Lalduha S/o
Saithanthianga R/o Tuikual B, Aizawl, Mizoram for which
‘Hmun inleina lehkha’ dt. 12.6.2019 as prescribed by the
Revenue Department was executed. Further, a proper ‘Sale
Deed’ in Indian Non-Judicial Stamp was executed on
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12.6.2019 which was witnessed by the Counter Claimant
and the said sale deed was registered under Indian
Registration Act, 1908 bearing Regn. No. 0882/AZL dt.
19.6.2019. It is submitted that the Plaintiff/Defendant had
transferred/mutated ownership of LSC No. 999 of 1985 from
Shri Lalduha whom the Answering Defendant derived rights
and title over the said LSC No. 999 of 1985. It is humbly
submitted that there is no illegality in transfer/mutation in
favour of Answering Defendant as the Revenue authorities
had done all process of mutation as per procedures of law
and there is no defect in making said mutation.
Photocopies of Sale Deeds are annexed and
collectively marked as Annexure1
6. That the answering Plaintiff denied paragraph 13 of the
Counter Claim in its entirety. As per the provisions of CPC,
1908, a party must avoid evasive averments in the
pleading and hence, the averments made in such
paragraph could not be accepted.
7. That with regard to the averments made at paragraph 14,
the Counter Claimant has claimed that the cause of action
arose on 12.06.2019. He had to challenge the same within
a period of three years and hence the instant Counter
Claim is barred by law of limitation and there is no illegality
in mutation of the said LSC No. 999 of 1985 in the name of
Answering Defendant.
8. That the averments made at paragraphs 15 & 16 need no
comments.
9. That from the facts and circumstances given above, the
reliefs prayed at paragraph 17 could not be considered.
PRAYER
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In the premises, it is graciously
prayed before Your Honour to kindly
dismiss the Counter Claim.
And for which act of your kindness, the Plaintiff as in duty
bound shall ever pray.
Counsel for the Plaintiff/Defendant
Plaintiff/Defendant
VERIFICATION
I, Shri Zoramthanpuia S/o H. Lalhruaia a permanent
resident of Chanmari West, Aizawl, Mizoram do hereby verify
that the contents of paragraph nos. ______________________ of
the Written Statement are found true and correct from the
advice of my counsel and paragraph nos. ______________________
are found true and correct to the best of my knowledge and
firm belief.
Verified on this 28th August, 2024 at Aizawl.
Verificant
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AFFIDAVIT
I, Shri Zoramthanpuia S/o H. Lalhruaia a permanent resident
of Chanmari West, Aizawl, Mizoram Christian by faith solemnly
affirm and state as follows:-
1. That I am a bona fide citizen of India.
2. That I am the Plaintiff/Defendant in the instant Written
Statement well acquainted with facts and circumstances
of the case. I am therefore competent to swear in this
Affidavit.
3. That paragraphs 1 to 9 of the Written Statement are
within my personal knowledge and true to my firm belief.
4. That the statements made above are true and correct to
the best of my knowledge and firm belief and nothing
relevant material has been concealed therein.
IN WITNESS WHEREOF, I have hereunto subscribed my
signature into this Affidavit on this 28th August, 2024.
Identified by: Signed before me:
DEPONENT
