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2011 Supreme(Gau) 197

MADAN B.LOKUR
Thansiami – Appellant
Versus
Lalruatkima – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: C. Lalramzauva, A.R. Malhotra, Haulianthanga and J. Lalfakawma, Advs.
For Respondents/Defendant: Ricky Gurung and H. Laltanpuia, Advs.

JUDGMENT

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 th





















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