P C LALHMACHHUANA Vs. P C ZOTHIAMTHANGA

JUDGEMENT

(1.) Heard Mr. Zochhuana, the learned counsel for the petitioner as well as Mr. B. Lalramenga, the learned counsel for the respondent No. None appears for the respondent Nos. 2 and 3 despite service.

(2.) By filing this writ petition under Article 227 of the Constitution of India, the petitioner seeks revision of the Order dated 26.07.2004 passed by the then Sub-ordinate District Council Court (SDCC) , Lunglei District, Lunglei in Heirship Case No. 78/2004, whereby Heirship Certificate dated 26. 07.2004 was issued to the respondent No. 1 declaring him to be the legal heir of LSC No. 157/1980 and LSC No. 109/1986. The present revision petition is confined to the claim against the LSC No. 157/1980.

(3.) The facts of the case in brief is that the petitioner is the grandson of one Smt. Lianhliri, who during her lifetime was the owner of LSC No. 157/1980. Smt. Lianhliri was married to Shri. P.C. Thangzika and out of the wedlock, they have five sons. The husband of Smt. Lianhliri expired on 31. 01.2005, while her four sons except the respondent No. 1 also expired on 08.08.1986, 09.07.1987, 30.01.1999 and 02.12.1999 (in order of their age) . The respondent No. 1 is the youngest son and also the only surviving son of Smt. Lianhliri. The petitioner on the other hand is the son of the second eldest son of Smt. Lianhliri and Shri. P.C. Thangzika, i.e., P.C. Lalrodinga.