H. REMTLUANGA AND ORS. Vs. JOSEPH LALRINCHHANA

JUDGEMENT

(1.) AND ORDER (Oral) - This is an appeal u/o 41 R.I of the C.P. Code, r/w Section 17 (2) (b) of the Mizoram Civil Courts Act, 2005 against the order, dated 05,06.2015, passed by the learned Senior Civil Judge, Aizawl Judicial District, Aizawl, Mizoram in Certificate Application (H/C) No. 1224/2015.

(2.) The appellants' case, precisely, is that the appellant No. 1 is the son and the appellants No. 2 to 5 are the daughters of H.T Zauva (L). The respondent is the son of Sh. Sangzuala and the grandson of said H.T. Zauva (L). After the death of H.T. Zauva, on 27.01.2015, the appellant No. 1 and the respondent entered into an agreement, on 18.05.2015, in regard to sharing of the land and building covered by (1) LSC No. 104502/01/100 of 2005, located at Ngaizel Road, Kulikawn, Aizawl, (2) LSC No. AZL-674 of 1997, located at Melthum, Aizawl and (3) Residential LSC No. AZL-4604 of 1986 located at Melthum Ram, Aizawl Lunglei Road hlui, left by the said deceased, on mutually agreed terms and conditions. The aforesaid agreement was registered vide document No. 0675/AZL dated 29.05.2015 of the office of the District Registrar, Aizawl district, Aizawl. However, the respondent, without the knowledge of the appellants, submitted an application, dated 02.06.2015, to the Court of learned District Judge, Aizawl District, Aizawl for issuance of Heirship Certificate, in respect of the land and building covered by the aforementioned (1) LSC No. 104502/01/100 of 2005; (2) LSC No. AZL 674 of 1997 and (3) Residential LSC No. AZL 4604 of 1986, which was registered as Certificate Application (H/C) No. 1224/2015 of the Court of learned Senior Civil Judge, Aizawl District, Aizawl, Mizoram. The learned Court without issuance of any notice to the appellants, who are also heirs to the said deceased, allowed the application vide the impugned order, dated 05.06.2015, and issued the certificate Application (H/C)No. 1224/2015 vide Memo No. 829/HC/ Sr. CJ (A) 2015, dated 05.06.2015, declaring the respondent as the legal heir of the deceased H.T Zauva (L), in respect of the schedule properties aforementioned. The appellants have contended that the impugned order is a patent error, which is self evident and the error being manifest and apparent on the face of the record, it has resulted in grave injustice to them for no fault of their own. The appellants have further contended that the aforesaid act of the respondent came to light only when the appellant No. 2 received summons in connection with Civil Suit No. 32/2016, instituted by the respondent against her, from the court of Senior Civil Judge-VI, Aizawl Judicial District, Aizawl, Mizoram. Hence, it is prayed to quash and set aside the aforesaid impugned order.

(3.) The sole respondent contested the above appeal by filing a written common objection praying to dismiss the Application/appeal on the grounds, inter alia, that the learned court has not committed any illegality while passing the impugned order; that both parties have been in constant dispute over claim to share of the properties left by H.T. Zauva (L), who died intestate; that the applications for Heirship Certificates filed earlier by the appellant No. 1 were dismissed; that he put signature on the agreement, dated 13.05.2015 under undue influence of the appellant No. 1; that the application for Heirship Certificate, dated 02.06.2015, was submitted with the knowledge of the appellant No. 1 and also issuance of the impugned certificate in his favour and that they did not file any objection against the said application and further, that the present objection is a calculated design to defeat his Civil Suit No. 32/2016. Hence, it is prayed to dismiss the application /appeal.