JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. F. Lalengliana, learned counsel for the appellant along with Mr. Lalfakawma, learned counsel for the opposite party.

2. This is an appeal under Section 97 of the Code of Civil Procedure r/w Section 17 of the Mizoram Civil Courts Act, 2005 against the impugned Judgment and Order dated 17.01.2022 passed by the Senior Civil Judge-IV, Aizawl District in Civil Suit No. 20/2014.

3. Brief facts of the case is that the appellant and the respondents are the daughters of Mr. Suakkunga (L) who died on 04.11.1996 and their mother Mrs. Hmingliani died on 08.06.2002. After the death of their parents, an agreement was made between the parties dated 14.07.2002, for distribution of the immovable properties of their parents as follows:

“Romawii: Thingzam leilet leh Burchep Leilet

Ropari: Kawngkam ft 12 bial leh Inpui zawng leh Kawmthlang leh Ngaizel In hmun, Thlanmual.

Rozami: Kawngkam Pari chan bak zawng, Burchep leilet siam sa, Dam huan thenkhat.

Hmagaihtei: Dam huan thenkhat leh Ngaihsaka Kawmchhak.

A roreltute:

1. Romawii

2. Ropari

3. Rozami.”

Romawii is the instant appellant and Ropari is the instant respondent No. 1 and Rozami instant respondent No. 2.

4. Thereafter the appellant submitted a Heirship Certificate application before the Sub District Council Court which was acknowledged and not objected by the respondents. The appellant’s claim was that, the respondents already had the lion’s share in the properties of their parents and that she being unemployed should be issued the Heirship certificate. Accordingly, the Lower Court had issued the Heirship Certificate to the appellant vide Heirship Certificate No. 389/2002 in respect of the following properties:

(i) House Pass No. TVK 8 of 1976, located at Ngaizel Phei-Haite Mual now LSC No. 104502/01/33 of 2005.

(ii) Garden Pass periodic Patta No. 252 of 1981 located at Melthum-Thingzam Luikam tawn zawl.

(iii) Garden Pass periodic Patta No. 166 of 1977 located at Bilkhawthlir Hmar Burchep Luidung.

(iv) Shop Pass No. 29 of 1953 located at Saikhamakawn.

On obtaining the Heirship Certificate, the House Pass No. TVK-8 of 1976 was transferred and mutated into Land Settlement Certificate No. 104502/01/33 of 2005 in the name of the appellant. Later, the respondent No. 1 requested the appellant to give the original copy of the said LSC No. 104502/01/33 of 2005, since she required the same for getting electric connection. However, the respondent No. 1 did not return the above mentioned LSC but instead had started construction of RCC building within the said LSC. The appellant had then approached the learned Trial Court for the recovery of the LSC No. 104502/01/33 of 2005 which was initially registered as Civil Suit No. 54/2009 in the Sub-District Council Court. The matter was also previously referred to Lok Adalat, however the parties failed to come to any amicable settlement and the case was returned from Lok Adalat to the Trial Court, which was later withdrawn with a permission to file afresh and thereafter the Civil Suit No. 20/2014 was filed before the Senior Civil Judge-IV, Aizawl District.

5. The respondents, filed their written statement and counter claim in the Trial Court, claiming that the appellant had approached the respondents, stating that she would take steps to obtain the Heirship Certificate No. 389/2002 in her name in respect of all their parents’ properties solely for the purpose of giving effect to the agreement dated 17.07.2002 and that the appellant would facilitate the necessary mutations as per the settlement, if an Heirship Certificate was granted by the Court. The respondent No. 1 claimed that she was the owner of the land covered under LSC No. 104502/02/33 of 2005 as per the agreement entered into by the parties and that the Heirship Certificate issued by the Subordinate District Council Court vide No. SDC/HC-389/2002/4713-5 dated 31.07.2002 was not binding on the respondents since they were not parties for the issuance of the Heirship certificate and