HMINGTHANKIMA Vs. SAPBELA

JUDGEMENT

(1.) Heard Mr. F. Lalengliana, learned counsel for the appellants. Also heard Mr. C. Lalramzauva, learned senior counsel assisted by Ms. Lalrochami, learned counsel for the respondent No. 1/plaintiff and Mrs. Mary L. Khiangte, learned Government Advocate for the respondent Nos. 2 to 4.

(2.) This RSA No. 7/2015 is filed under Sec. 17(2) of the Mizoram Civil Courts Act, 2005 read with Sec. 100 of CPC against the Judgment and Order dtd. 29/4/2015 in RFA No. 37/2014 arising out of Declaratory Suit No. 6/2004 passed by the Hon'ble Court of Addl. District Judge, Aizawl Judicial District.

(3.) The case of the plaintiff/respondent No. 1 is that his late father i.e., Sh. Zabanga had purchased the suit land covered by LSC No. 201/1975 in the year 1959 jointly with his friends, i.e., Sh. Denghuaia and Sh. Hrangluaia (L) from Sh. Tebawnga. Since, the plaintiff/respondent No.1's mother had already died, the plaintiff/respondent No.1's late father alongwith the plaintiff/respondent No. 1 and his other siblings occupied the suit land. In the year 1962, the plaintiff/respondent No. 1's father passed away and since the plaintiff/respondent No. 1 and his other siblings were very young, their grandfather Sh. Suka looked after them. Later on, Sh. Suka mutated the suit land to his name under House Pass No. 91/1965 and thereafter, converted the same to Land Settlement Certificate under LSC No. 201/1975. Sh. Suka died on 6/1/1985. The defendant No. 1, who is the son of defendant No. 2, i.e. daughter of Sh. Suka, without the knowledge of the plaintiff/respondent No. 1 and the other surviving children of Sh. Suka had stolen the LSC No. 201/1975 and mutated the same to the name of the defendant No. 1. Thereafter, the defendant Nos. 1 and 2 had sold the suit land to the defendant No. 3. It appears from the plaint that though the plaintiff/respondent No. 1 had earlier submitted the heirship application before the Sub-District Council Court, Aizawl, in H.C. Case No. 388 of 2003 praying for declaring himself as the legal heir of his late father and grandfather in respect of LSC No. 201/1975, the said heirship application was disposed of vide Order dtd. 21/8/2003 for submitting the plaint in a proper form. Though the plaintiff/respondent No. 1 had filed a fresh suit, the same was withdrawn with liberty to file a fresh vide the Order dtd. 22/9/2004. Admittedly, no further fresh suit has been filed till date. It is the case of the plaintiff/respondent No. 1 that since the suit land was purchased by his late father Sh. Zabanga and he being the youngest son of Sh. Zabanga, has every right to inherit the suit land and the defendant Nos. 1 and 2 have cheated him and converted the suit land to their own names.