D. K. LALCHHANHIMA Vs. R. CHHIARKUNGI

JUDGEMENT

(1.) Heard Mr. B. Lalramenga, learned counsel for the appellants along with Mr. T. Lalnunsiama, learned counsel for the respondent.

(2.) This is an appeal under Sec. 17(2)(b) of the Mizoram Civil Courts Act, 2005 against the impugned Order dt. 17/12/2020 passed by the learned Senior Civil Judge, Champhai, Aizawl Judicial District in Probate Application No. 1/2016, by which the application for probate of the Will dtd. 23/2/2015 said to be testated by Mr. R. Lalthianghlima (L) was rejected.

(3.) Facts of the case in brief is that the deceased Mr. R. Lalthianghlima (L), who passed away on 25/6/2015, had a plot of land with a building standing thereon covered by LSC No. 3091/09/01/01 of 2014 which was located at Champhai, Vengthlang, Mizoram having an area of 99.00 sq.m. The said land which belonged to the deceased Mr. R. Lalthianghlima originally belonged to his grandfather, Mr. R.C. Thangliaua, who died on 18/7/1992 leaving behind the land and building which was previously covered by House Pass No. 104 of 1981. On the death of Mr. R.C. Thangliaua, the said land and building devolved to Mr. Lalnunzira, S/o Mr. R.C. Thangliaua. Thereafter, on the death of Mr. Lalnunzira in the year 1997, his son Mr. R. Lalthianghlima was declared as a legal heir in respect of the said land and building now covered under LSC Certificate No. 3091/09/01/01 of 2014 vide Heriship Certificate No. 56/2012 dtd. 6/8/2012.