LALCHHUANA Vs. ROMAWII

JUDGEMENT

(1.) The instant appeal is preferred under Section 17(2)(b) of the Mizoram Civil Courts Act, 2005 (Mizoram Act No. 11 of 2005) challenging the appellate judgment and order dated 26.4.2012 passed by the Court of Senior Civil Judge No. 1, Aizawl District, Aizawl, Mizoram in RFA No. 13 of 2008, thereby dismissing the appeal and affirming the judgment and order dated 25.2.2008 passed by the Court of Magistrate, Subordinate District Council Court, Aizawl in HC Case No. 464 of 2000. I have heard Mr. SS Dey, learned counsel assisted by Mr. M Nath, learned counsel appearing for the appellant. Also heard Mr. M. Zothankhuma, learned Senior counsel assisted by Mr. Lalfakawma, learned counsel appearing for the respondents.

(2.) The brief facts leading to this appeal may be summarized as under:-

(3.) The opposite parties (respondents herein) on receipt of notice appeared before the learned trial Court by filing their common written statement dated 3.09.2001. In the said written statement while disputing the facts stated in the petition it was specifically averred that as per Mizo customary Law youngest son can inherit the properties of the deceased father only where there is no valid will. In the case of late Sh. Nghaka, he having left a will, the properties of late Sh. Nghaka will have to be distributed as per the said will and accordingly, the petitioner does not have any right to inherit the properties left by late Sh. Nghaka by virtue of being his youngest son. At paragraph 16 of the said written statement specific pleading was made to the following effect which may be quoted hereinbelow: