Madan Lokur, C.J.

1. Under the Lushai Hills Autonomous District (Administration of Justice) Rules, 1953 Village Courts have been created (Rule 6), Subordinate District Council Courts have been created (Rule 7) and one (now two) District Council Court has been created (Rule 10).

2. A person aggrieved by an order passed by the Village Court may file an appeal to the Subordinate District Council Court and a person aggrieved by a decision of the Subordinate District Council Court may file an appeal to the District Council Court.

3. Against the decision of the District Council Court, an appeal lies to the Gauhati High Court under Clause 3 of the Assam High Court (Jurisdiction Over District Council Courts) Order, 1954 provided that the valuation of the suit is Rs. 1000/- or more.

4. Clause 3 of the aforesaid Order does not require the framing of a question of law or any substantial question of law as provided in Section 100 of the Code of Civil Procedure. Notwithstanding with the above, the following substantial question of law is framed for consideration:

Whether the Appellant is entitled to inherit the properties of her deceased parents under Mizo Customary law and if so, whether that entitlement is taken away by the Chawmhlum Rokhawm?

5. It is necessary to state that reliance has been placed by learned Counsel for the Appellant on the Mizo Customary Law "codified" and translated in English sometime in April, 1957 by the Secretary, Mizoram District Council. The document relied on by learned Counsel for the Appellant was amended in 1960 and reliance is placed on Rule 109(10) dealing with the Mizo Customary Law of inheritance. The provision relied upon by learned Counsel reads as follows:

10. Ordinarily woman cannot inherit properties; however, if a person has daughters but not son, his daughters may inherit his properties. In the case of more than one daughter the youngest daughter will be given first preference as in the case of sons.

6. In the present case, the Subordinate District Council Court as well as the District Council Court came to the conclusion that the issue is governed by the Chawmhlum Rokhawm which is incorporated in Rule 109(5) of the document, This Rule reads as follows:

5. CHAWMHLUM ROKHAWM: (Inheritance of a person who was supported till death by the person who supported him). A person who has no natural heir and who is unable to support himself may invite one as his supporter and heir. The person so taken in will inherit his properties if he supported him till his death. For example, 'A's close relative refuses to support 'A' and if 'B' comes to stay at 'A's house and support him, then 'B' will inherit 'A's properties. 'B' will pay the balance of the marriage price of 'A's wife if any, and he will also support 'A's wife whether she is residing with him or in a separate house.

7. The Appellant was the original Plaintiff and filed a suit in the Subordinate District Council Court on the allegation that her father Darthangpuia died on 26-6-1999 and her mother Germantawni died on 17-6-2000. The parents of the Appellant had 3 sons and 3 daughters and Appellant is the only surviving child of her parents.' According to the Appellant she was entitled to inherit the properties of her parents to the exclusion of the children of her deceased brothers and sisters. The claim of the Appellant was contested by Respondent No. 3 only who is the son of the Appellant's sister. In other words, Respondent No. 3 is the grand son of the Appellant's parents and her nephew.

8. The following issues were framed by the Subordinate District Council Court on 7-10-2004:

(i) Whether there is any cause of action in favour of the Plaintiff and against the Defendants.

(ii) Whether the Petitioner of the Defendants is entitled to be declared the legal heir of Sh. Darthangpuia (L) and Smt. Germantawni (L) in respect of the land and building covered by LSC No. 722/73 which is located at Zarkawt.

9. After recording evidence, the Subordinate District Council