LALTHANCHAMI Vs. LALTHAFAMKIMA

JUDGEMENT

(1.) Heard Ms. Rosalyn L. Hmar, learned counsel for the appellant and Mr. Lalchhanhima Sailo, learned counsel for the respondent.

(2.) This appeal filed under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) is directed against the Order dtd. 24/10/2019 passed by the learned Addl. District Judge, Aizawl in RFA No. 7/2019, which arises out of the Order dtd. 17/6/2019 passed in Heirship Certificate No. 973/2019 by the Court of Senior Civil Judge, Aizawl.

(3.) The appellant is the second wife of Mr. P.C Chawithuama and the respondent is the youngest son amongst 3 (three) sons from the first wife. Mr. P.C Chawithuama expired on 2/12/2012 leaving behind a landed property covered by LSC No. 103101/01/847/2010 located at Field Veng, Zemabawk, Aizawl. He and the appellant did not have any children. The respondent on 14/6/2019 submitted a Heirship Certificate application before the Court of Senior Civil Judge, Aizawl for the aforementioned landed property. The application was registered and numbered as Heirship Certificate Case No. 937/2019. The learned Senior Civil Judge, upon perusing the application and the documents annexed, granted the Heirship Certificate application vide Order dtd. 17/6/2019. Accordingly, Heirship Certificate was issued in favour of the respondent.