C. KAPTHIANGA Vs. THANGSANGE AND ORS.

JUDGEMENT

(1.) THIS appeal raises an interesting question pertaining to inheritance by a person of Mizo Tribe who is not the natural heir of the deceased. The claimant based his claim on customary law.

(2.) SATA married Saichhingi of Zotlang, who had already three sons, namely, Puisuanga, Hmelmawia and Thansanga from her previous husband. Saichhingi married Sata on the condition that her aforesaid three son should be taken in adoption. The condition was accepted by Sata and, thus the said three sons came to be adopted by him. Later on, Puisuanga and Hmelmawia were married. They got themselves separated. Sata bought a shop at Lunglei and started carrying on business therein leaving behind his youngest son at Zotlang. Thangsanga and his family joined his parents at Lunglel, Saichhingi died in 1957 and Sata expired on 29th March, 1965, The question of inheritance of the property then arose. The present appellant claimed heirship on the ground that he had been supporting Sata from 1960 till 29th March,1965. The trial Court accepted the claim of the present Appellant. Aggrieved by the decision Thangsanga preferred an appeal before the President, District Council Court, Aigwal, who allowed the appeal in part, set aside the order of the trial Court and ordered that the shop house of late Sata at Lunglel shall be equally divided and that Thangsanga will have the northern portion of the shop house, along with the land attached thereto; whereas Kapthianga shall have the southern portion thereof along with the land attached thereto as well as the attached kitchen. Kapthianga not satisfied with the appellate order, has preferred the instant appeal.

(3.) IT is not in dispute that Sata did not have any natural heir. The present Appellant's father as also Respondent No. 1 and Hmelmawia were the real brothers; they had been adopted by Sata, while he entered into marital tie with Saichhingi. It seems that adoption of a person for the purpose of inheritance was recognised under the Mizo Customary Law under certain conditions. Any person who has no issue or who has no close relative to maintain him, may adopt any person to inherit his properties, and if the person so adopted looks after the person till his death he may succeed him. (See para 109 at pages 28 and 29 of the Mizo Customary in English). Parry also speaks like wise in his aforesaid celebrated book. Similarly, with regard to inheritance, there was a custom known as 'Chawmhlum Rokhawm' The custom, as pointed out in the Mizo Customary Laws in English was as follows: