C LALRUTLUNGI Vs. THANPARI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14-3-1986 passed by the learned District Council Court, Aizawal.

(2.) Briefly, the undisputed facts in this appeal are that one Saia (Saikapthianga) had properties including the residential house with compound in dispute at Aizawal. Saia died on 20-3-1961 leaving his wife Khawkungi. Saia had no issue. On 12-1-1961 Saia had executed a will and bequeathed his various properties to different persons. The residential house with compound in dispute was bequeathed to Khawkungi. Saia had two brothers Biaka and Nagila. Some money was bequeathed to one son of Biaka and one son of Nagila. Biaka had predeceased Khaw-kungi. The appellant herein is the daughter of Saia's sister Lali. The respondent herein Thanpari is the widow of Biaka who died in 1983. Khawkungi had made transfer by gift of the house with compound on 24-5-1985 to the appellant. Khawkungi had died on 23-6-1985.

(3.) The appellant's case was that she had been adopted as daughter by Saia and had looked after Saia and Khawkungi in their old age. After the death of Saia the properties left by him had been distributed in accordance with the provision in the will and Khawkungi his widow had obtained heirship Certificate in respect of the house with compound in dispute and had been in her possession. On 24-5-1985 Khawkungi had transferred her properties in favour of the appellant and accordingly the appellant's name was record-ed in place of Khawkungi in respect of the residential house and compound in dispute. Thanpari, respondent claimed heirship certificate and filed an application before the Additional Subordinate District Council Court, Aizawal on the ground that Saia had not given the properties in dispute absolutely to Khawkungi that after her death the pro-perty as to devolve on his aforesaid brothers Biaka and Nagila and as such the claim was -filed on behalf of the sons of Biaka by their mother Thanpari. The sons of Nagila did not make any claim. The claim was resisted by the appellant who pleaded that the properties in dispute had become the absolute property to Khawkungi under the will and she had trans-ferred the same to the appellant and as such the appellant was the owner and in possession of the property. The learned Magistrate, Additional Subordinate District Council Court, Aizawal by judgment dated 9-12-1985 held that Khanwkungi on the strength of heirship certificate No. 50 of 1961 exactly according to the will granted to her had rightly transferred the property to the present appellant and that the sons of Biaka could not have any claim which was accordingly not accepted. In appeal, the learned District Council Court, Aizawal by judgment and order dated 14-3-1986 impugned in this appeal held that in view of the provisions in paras 2, 5 and 9 of 'will', Khawkungi could not transfer the property in dispute to the ap-pellant and that after her death, the property was to be inherited by the sons of Biaka and Nagila. The appeal was accordingly allowed.