MASTER ZOSANGPUIA Vs. STATE OF MIZORAM & ORS

JUDGEMENT

(1.) Heard Mrs. Dinari T. Azyu, learned counsel appearing for the appellant. Also heard Mr. L. H. Lianhrima, senior counsel appearing for the respondent Nos. 5 and 6 and Mrs. Linda L. Fambawl, Government Advocate for the respondent Nos.1 to 4.

(2.) The appellant by way of this regular second appeal has challenged the judgment and order dated 15.10.2012 passed by the Additional District Judge, Aizawl in RFA No. 26/2011, by which the judgment and order dated 5.2011 passed by the Court of Senior Civil Judge-II, Aizawl in Title Suit No. 7/2002 has been set aside.

(3.) The basic question to be decided in the present case is whether the land, which was settled in the name of Dr. Zokhuma, should be inherited by the appellant or the respondent Nos. 5 and 6. The appellant is the only son of Dr. Zokhuma while the respondent No. 5 is the sister of Dr. Zokhuma. The respondent No. 6, on the other hand, was the father of Dr. Zokhuma. The father of Dr. Zokhuma namely Mr. Thanthianga expired on 21.11.2002 and accordingly the brothers of Dr. Zokhuma namely Hmingdailova and Dr. Lalnghinglova substituted Mr. Thanthianga as Respondent No. 6.