JUDGMENT :

1. Heard Mr. Johny L. Tochhawng, learned counsel for the appellant/plaintiff. Also heard Mr. Lalbiaknunga Hnamte, learned counsel for the respondents/defendants.

2. The appellant/plaintiff has prayed for setting aside the impugned Judgment & Order dated 01.11.2019 and Decree dated 01.11.2019 passed by the Court of the Senior Civil Judge, Serchhip in Civil Suit No. 6/2018, by which the respondent No. 3 has been declared as the legal heir of the deceased F. Laltanpuia, in respect of the land and building covered by LSC No. CAD-606301/01/228 of 2016 and a Vertical Band Saw 18”.

3. The facts of the case in brief is that the land and building covered by LSC No. CAD-606301/01/228 of 2016 belonged to the grand-father of the appellant/plaintiff, namely F. Laltanpuia, who had 6 (six) children, i.e., the respondent Nos. 1 to 5 and the appellant’s father, F. Lalsangkima, who was the youngest sibling.

4. During the lifetime of the appellant’s grand-father, all the children of F. Laltanpuia, including the appellant’s father F. Lalsangkima got married and lived in separate households, away from the ancestral property covered by LSC No. CAD- 606301/01/228 of 2016. However, after the appellant’s father and mother decided to live separately, the appellant’s father F. Lalsangkima came back into the ancestral property and lived with the appellant’s grand-father, F. Laltanpuia from the year 2007. The appellant continued to live with his mother and did not join his father, who had re-entered the ancestral/parental property.

5. The appellant’s grand-father expired on 27.11.2010. After the death of the appellant’s grand-father, the respondent No. 3 entered the ancestral property along with his family and lived with the appellant’s father. The appellant’s father expired on 25.03.2018.

6. The appellant, thereafter filed an application for issuance of Heirship Certificate in respect of the ancestral property covered by LSC No. CAD-606301/01/228 of 2016, vide Heirship Application No. 25/2018, which was submitted before the Court of the Senior Civil Judge, Serchhip. After the respondents had entered appearance in the said case and objections had been raised by the respondents on the maintainability of the Heirship Application, the Court of the Senior Civil Judge, Serchhip, vide Order dated 07.06.2018, dismissed Heirship Application No. 25/2018, with liberty being given to the appellant to approach the appropriate Court in an appropriate manner.

7. Consequent to the Order dated 07.06.2018 passed by the Court of the Senior Civil Judge, Serchhip in Heirship Application No. 25/2018, the appellant filed Civil Suit No. 6/2018, praying for a declaration that the appellant be declared the legal and rightful owner of the properties covered by LSC No. CAD-606301/01/228 of 2016 along with the Vertical Band Saw 18” and to issue Heirship Certificate in respect of the same.

8. The respondents thereafter filed their written statement-cum-counter claim in terms of Order 8 Rule 6-A CPC. After the evidence of the parties was recorded by the learned Trial Court, the impugned Judgment & Order dated 01.11.2019 and Decree dated 01.11.2019 was passed by the learned Trial Court in Civil Suit No. 6/2018, by declaring the respondent No. 3 as the legal heir of the deceased F. Laltanpuia, in respect of the landed property covered by LSC No. CAD-606301/01/228 of 2016 and the Vertical Band Saw 18”.

9. Being aggrieved, the appellant has filed the present Regular First Appeal.

10. The learned counsel for the appellant submits that the appellant’s father looked after the appellant’s grand-father till his death and as such, the appellant’s father, who was the youngest sibling amongst all the children of F. Laltanpuia, is to inherit the property of F. Laltanpuia, in terms of the Mizo Marriage, Divorce and Inheritance of Property Act, 2014 (herein after referred to as the ‘2014 Act’). He also submits that the evidence of all the respondents, except for the evidence of respondent