The central legal point established in the judgment is the application of Mizo Customary Law in inheritance matters, highlighting the principles of equity and the responsibility of a legal heir to look after the elders in the family.

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 56 of 1972, it is the contention of the appellants herein that the said property was jointly purchased by P.S. Dahrawka and Kaithuami in the year 1945. P.S. Dahrawka died on 5th March, 1978. At the time of his death, he was survived by his wife Kaithuami, only son Thanhnuna and seven daughters. All the daughters were married and living with their respective families. After his death, his youngest daughter, Thansangi Huha (appellant No. 4 herein), was divorced and came to live with her mother Kaithuami in January, 1997. The son Thanhnuna, who died in the year 1996, was survived by his widow Ralliani and two daughters, namely, Laldinpuii and Lalmuanpuii, who are the respondents herein.

6. After the death of P.S. Dahrawka, the son Thanhnuna applied for the heirship certificate in his name in respect of the properties covered by LSC No. AZL 56 of 1972 left by his father, i.e., P.S. Dahrawka. His claim was based on the Mizo Customary Law of Inheritance, which provides that a son shall inherit the properties of a Mizo and if the deceased is survived by more than one son, the youngest son shall inherit the property. However, before his application for heirship certificate could be decided, Thanhnuna died on 28th April, 1996. After his death, his mother Kaithuami submitted an objection on 31st May, 1996. The Subordinate District Council Court, Aizawl dismissed the application of Thanhnuna for heirship certificate on 11th June, 1996 due to his death. His widow Ralliani (respondent No. 1 herein) filed an application for restoration of application for heirship certificate filed by her husband-deceased Thanhnuna. The same was dismissed by the Subordinate District Council Court, Aizawl vide order dated 3rd July, 1996.

7. In the meantime, mother Kaithuami also filed an application being H.C. No. 1275 of 1996 claiming heir ship certificate in respect of the properties of her husband deceased P.S. Dahrawka. The said application was objected to by Ralliani and her two daughters. As such, the dispute came to be converted into a civil suit being Civil Suit No. 13 of 1996 in the Court of Subordinate District Council Court, Aizawl. Vide judgment and order dated 7th August, 1997, the said suit came to be decreed in favour of the mother Kaithuami and she was declared the legal heir of her deceased husband P.S. Dahrawka in respect of the disputed properties.

8. The respondents herein filed an appeal being C.A. No. 12 of 1997 before the District Council Court, Aizawl. The Appellate Court vide order dated 9th July, 2001 directed that the disputed property to be divided between four daughters of Kaithuami, i.e., respondents therein (i.e. appellants herein) on one hand and three appellants therein (i.e. respondents herein) being legal heirs of Thanhnuna on the other hand.

9. The sa