A.B.PAL
Ralliani – Appellant
Versus
Kaithuami – Respondent
A.B. Pal, J.
1. The judgment and order dated 28.2.2006 passed by the District Council Court, Aizawl in CA. No. 12 of 1997 is under challenge in the present second appeal and the cross-objection preferred by the rival parties which I propose to dispose of by this common judgment. It may be noted at the very outset that this second appeal is under Order 3 of the Assam High Court (Jurisdiction over District Council Court), 1954, though the cross-objection has been raised under Order 41, Rule 22 of the Code of Civil Procedure. For the above reasons no substantial question of law have been formulated in the memo of appeal.
2. The dispute over the immovable properties covered by LSC No. AZL 56 of 1972 is between the contending parties herein who claim inheritance on the strength of being in the line of succession from the original owner P.S. Dahrawka who died on 5.3.1978. Admittedly the Mizo Customary Laws on inheritance has to be pressed into service to decide the issues by correct construction of the same. There is no dispute that the provision contained in Section 109 of the Mizo Customary Laws promulgated by the Mizo district council regulates the question of inheritance to pro
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