ARJUN CHHETRI Vs. KISHORE CHHETRI

JUDGEMENT

(1.) In this application under Art. 227 of the Constitution of India, the petitioner challenged Execution Proceeding No.1 of 2004, wherein the Deputy Commissioner, Aizawl, passed an order dated 27.10.2004, directing execution of an order passed in Probate Case No. Misc.(SC) 5 of 1991.

(2.) The petitioner inter alia, stated that Dalu Chhetri and his wife Bhumakala Devi, since deceased, had no issue. They adopted Tosh Bahadur Chhetri(father of the petitioner), nephew of Dalu Chhetri as their adopted son. Dalu Chhetri died on 25.05.1973, leaving behind Bhumakala Devi, his wife and Tosh Bahadur Chhetri, adopted son. Tosh Bahadur obtained heir-ship certificate No.69 of 1973 of the properties, left by Dalu Chhetri and mutated his name in place of Dalu Chhetri. Bhumakala Devi was all along residing with Tosh Bahadur in the house left by Dalu Chhetri, recorded in LSC No.98 of 1968. In the year 1981, Bhumakala Devi left Tosh Bahadur and started living with Bhimlal Chhetri, another nephew. In 1981 Bhumakala Devi approached Sub-District Council Court for cancellation of heir-ship certificate No.69 of 1973, issued in the name of Tosh Bahadur and her prayer was allowed. Against the order Tosh Bahadur filed an appeal before the District Council Court but his appeal was dismissed and the order passed by Sub-District Council Court was upheld. Tosh Bahadur filed a petition before this Court, vide M.A.(S) 3 of 1983, which was renumbered as M.A.(S) 1 of 1990, and this Court was pleased to set aside both the orders passed by the Sub-District Council Court and the District Council Court and directed parties concerned to approach appropriate State Court of competent jurisdiction to decide the issue, if so advised.

(3.) A bare perusal of the petition and the chronological dates and events submitted by the petitioner, it appears that the petitioner all along travelled aimlessly and yet to approach the appropriate Court for the relief indicated in the order passed by this court on 10.07.1991.