JUDGMENT :

Heard Mr. B Lalramenga learned counsel for the appellant along with Mr. C. Zoramchhana learned counsel for the respondent.

2. This is a Regular Second Appeal under section 100 Civil Procedure Code against the Judgment and order of the Addl. District Judge dated 10.06.2019 in RFA 40 of 2012.

3. The brief background of the present case is that the appellant herein applied for an Heirship Certificate for the landed property covered under LSC No. 346 of 1976 left by Smt. Kapzawni (L) before the Addl. Subordinate District Council Court (hereinafter referred to as ASDCC), Aizawl District, Aizawl and an Heirship Certificate No. 69 of 2005 was accordingly issued in favour of the appellant for the said LSC No.346 of 1976. Thereafter, when the respondent came to know about the issuance of Heirship Certificate No.69 of 2005 to the appellant, he filed an appeal which was registered as RFA No.16/2005 before the Appellate Court i.e., the District Council Court at Aizawl which was in existence at that particular time. The RFA No. 16/2005 was allowed and the matter was remanded back to the Ld. ASDCC for denovo trial vide its Order dated 28.06.2005.4

4. After the Ld. ASDCC had taken evidences from both the parties the Judgment & Order dated 08.03.2010 was passed by the said Ld. ASDCC thereby declaring the appellant as the legal heir of Smt. Kapzawni (L) in respect of the landed property and the house situated on the land covered under LSC No. AZL 346 “Grade II B” of 1976 and also by declaring the Respondent as the legal heir of Smt. Kapzawni (L) in respect of the landed property and the house situated on the land covered under LSC No. AZL 346 “Grade III A” of 1976. Accordingly, the Heirship Certificate No. 69 of 2005 was issued in favour of the appellant and the respondent, wherein the landed property of Smt. Kapzawni (L) was distributed between them as stated above.

5. The present appellant aggrieved by the Judgment & Order dated 08.03.2010 preferred the First Appeal i.e., RFA No. 40/2012 before the Id. Court of Addl. District Judge-I, Aizawl District, Aizawl. The reason why the appellant assailed the impugned Judgment & Order dated 08.03.2010 was that the two LSC's i.e., LSC No. AZL 346 "Grade II B" of 1976 and the LSC No.AZL 346 "Grade III A" of 1976 which were distributed between the appellant and the respondent respectively were not different landed properties and instead, the two LSCS covered the one and same location. This was clarified by the letter No.C.15016/26/2011-LEGAL/DTE (REV) dated 16.11.2011 sent to the appellant and the respondent by the Director, Land Revenue & Settlement, Mizoram, Aizawl, on the direction of the learned ASDCC.

6. Thereafter, the First Appellate Court of Addl. District Judge–I, Aizawl, disposed of the RFA No. 40/2012 vide its Order dated 31.03.2014 cancelling the Heirship Certificate No.69/2005 issued by the learned ASDCC (Trial Court) and at the same time, by deciding that the respondent shall inherit the landed property under LSC No.AZL-346 of 1976 and gave a house site covered under LSC No.AZL-2159 of 1987 to the appellant.

7. Again being aggrieved, the appellant preferred a Second Appeal U/s 100 CPC before this Hon'ble Court by assailing the impugned Order dated 31.03.2014 passed by the Addl. District Judge–I, Aizawl, in RFA No. 40/2012. The said Second Appeal was registered as RSA No. 6 of 2014. This Hon'ble Court had accordingly formulated three substantial questions of law.

i) Whether the order dated 31.03.2014 passed by the first appellate court was based on evidence on record.

ii) Whether LSC No.AZL 2159 of 1987 was a subject matter in the Heirship Case No. 69/2005. If not, whether the learned Appellate Court could have distributed the properties covered by the said LSC between the Appellant and the respondent.

iii) Whether the First Appellate Court could have distributed the properties directing inheritance of LSC No. 2159 of 1987 by the appellant and the land covered by LSC No. 346/1976 to be inh