LAWS(GAU)-2019-10-31

NG CHIAIPAI Vs. SH TLACHO

Decided On October 17, 2019
Ng Chiaipai Appellant
V/S
Sh Tlacho Respondents

JUDGEMENT

(1.) Heard Mr. J.C. Lalnunsanga, the learned counsel appears for the appellant. No one appears for the respondent, despite notice being served upon the respondent.

(2.) This Regular Second Appeal has been filed against the Judgment and Order dated 16.01.2018, passed by the District Council Court, Mara Autonomous District Council, Siaha in Civil Appeal No. 1/2015, by which the First Appellate Court has held that while the Appellant (divorced wife) is the legal and valid owner of the land covered by LSC No. LSC/R/Amb/32/13 of 02/09/2013, while the ownership of the residential house/ building standing on the land has been held to be belonging to the respondent. This Regular Second Appeal also challenges the Judgment and Order dated 19.12.2014, passed by the Subordinate District Council Court, Siaha in Civil Suit No. 2/2013, by which the learned Trial Court has decreed that the respondent shall be entitled to continue to occupy the residential house during his lifetime, while coming to a finding that the land in question belonged to the appellant.

(3.) The brief facts of the case is that the appellant and the respondent/plaintiff were married in the year 1982 and they had 5 children. All the 5 children are married and have separate households, except for the youngest son, who is living with the appellant.