JUDGMENT

B.R. Gavai, J.

Application for substitution to bring on record legal representatives of the deceased appellant No.3-Thanzami is allowed, subject to all just exceptions.

2. The present appeals challenge the common judgment and order of the Gauhati High Court, Aizawl Bench, dated 7th November, 2007, passed in RSA No. 12 of 2006 with Cross Objection No. 4 of 2006, vide which, the learned single judge of the High Court has allowed the said Second Appeal filed by the respondents herein and dismissed the cross-objection preferred by the appellants herein.

3. For appreciating the controversy in question, it will be appropriate to reproduce the family chart, which is as under:

4. P.S. Dahrawka and Kaithuami, through whom the parties herein are claiming inheritance, were married to each other on 28th January, 1927. Ten children were born out of the said wedlock, i.e., two sons and eight daughters. Out of the said ten children, one son died at the age of one and half year in the year 1940 and one daughter died a week after her birth.

5. Though in the judgment, the High Court has referred that the property in dispute was purchased by P.S. Dahrawka in the year 1972 by virtue of LSC No. AZL