P. C. ZAKHUMA Vs. P. B. LUNGMUANA

JUDGEMENT

(1.) Heard Mr. B Lalramenga learned counsel for the appellant along with Mr. C. Zoramchhana learned counsel for the respondent.

(2.) This is a Regular Second Appeal under Sec. 100 Civil Procedure Code against the Judgment and order of the Addl. District Judge dtd. 10/6/2019 in RFA 40 of 2012.

(3.) The brief background of the present case is that the appellant herein applied for an Heirship Certificate for the landed property covered under LSC No. 346 of 1976 left by Smt. Kapzawni (L) before the Addl. Subordinate District Council Court (hereinafter referred to as ASDCC), Aizawl District, Aizawl and an Heirship Certificate No. 69 of 2005 was accordingly issued in favour of the appellant for the said LSC No.346 of 1976. Thereafter, when the respondent came to know about the issuance of Heirship Certificate No.69 of 2005 to the appellant, he filed an appeal which was registered as RFA No.16/2005 before the Appellate Court i.e., the District Council Court at Aizawl which was in existence at that particular time. The RFA No. 16/2005 was allowed and the matter was remanded back to the Ld. ASDCC for de novo trial vide its Order dt. 28/6/2005.