IMPORTANT POINT
The issuance of a Heirship Certificate must comply with principles of natural justice, including the right to a fair hearing, especially when it affects property rights.

JUDGMENT :

HON’BLE MR. JUSTICE KAUSHIK GOSWAMI

Heard Mr. C. Lalfakzuala, learned counsel for the appellant. Also heard Ms. Valentina Laldinpuii, learned counsel for the respondent.

2. This Second Appeal, i.e., RSA No. 1/2023 is preferred under Section 100 of the Code of Civil Procedure, 1908 against the impugned Judgment & Order dated 13.03.2023 passed by the learned Addl. District Judge, Aizawl in RFA No. 30/2019 arising out of Heirship Certificate Case No. 564/2002.

3. The facts of the case is that the appellant and the respondent are siblings, whose parents were Pu C. Kapthuama and Pi Hrangdailovi. Upon the death of their father, their mother i.e., Pi Hrangdailovi applied for Heirship Certificate over Land Settlement Certificate (LSC) No. 770/1984 and its adjacent LSC No. 771/1984. Accordingly, Heirship Certificate was issued to their mother.

4. On 04.03.2000, the appellant’s mother expired. Upon her death, the respondent applied for Heirship Certificate in respect of LSC No. 770/1984 and LSC No. 771/1984, before the Subordinate District Council Court (herein after referred to as ‘SDCC’), Aizawl on 05.11.2002.

5. The SDCC, Aizawl by Order dated 05.11.2022 issued Heirship Certificate notice for 45 days.

6. Thereafter, on 02.12.2002, the SDCC, Aizawl issued the Heirship Certificate No. 564/2002 to the respondent before the expiry of the stipulated period of 45 days in respect of LSC No. 770/1984 and LSC No. 771/1984.

7. The appellant after having knowledge of the said Heirship Certificate, preferred an appeal i.e., RFA No. 30/2019 against the said Order dated 02.12.2002 issued by the SDCC, Aizawl, alongwith an application i.e., CMA No. 575/2019 for condonation of delay of 17 years and 4 days in preferring the said appeal.

8. The learned Addl. District Judge vide Judgment and Order dated 12.11.2021 was pleased to allow the said application for condonation of delay in filing the appeal.

9. That the First Appellate Court framed the following issues for determination:-

i) whether the issuance of Certificate No. 564/2002 is questionable and liable to be set aside and quashed?

ii) whether Heirship Certificate No. 1789/2019 issued in favour of the appellant is liable to be set aside and quashed?

10. Upon hearing the parties, the learned Addl. District Judge, Aizawl vide Judgment and Order dated 13.03.2023 disposed of the appeal, after coming to the finding that there are no reason to interfere with the impugned Heirship Certificate No 564/2002 issued in favour of the respondent by the SDCC, Aizawl by Order dated 02.12.2002. However, the Heirship Certificate No. 1789/2019 dated 04.10.2019 issued in favour of the appellant by the learned Senior Civil Judge-III, Aizawl was set aside and thereafter, remanded back to the Court of Senior Civil Judge-III for a de-novotrial by impleading the appellant as defendant.

11. The appellant being aggrieved by the said Judgment and Order to the extent of up-holding of the Heirship Certificate No. 564/ 2002 issued in favour of the respondent, preferred the instant Second Appeal.

12. This Court while admitting the Second Appeal by Order dated 29.09.2023, formulated the following substantial question of law:-

i) whether the decision of the learned appellate court is perverse in not considering the alleged fact that the impugned Heirship Certificate was issued prior to the expiry of the notice period and ex parte against the appellant?

ii) whether after condonation of delay in preferring the appeal, the learned appellate court committed error in dismissing the appeal only on the ground that the appeal was preferred at belated stage?

13. Mr. C. Lalfakzuala, learned counsel for the appellant submits that the appellant and his family have been residing in the land and building covered under LSC No.770/1984 since 1998. The appellant came to know that the LSC No. 770/1984 was mutated on 08.06.2018 in the name of the respondent on the strength of Heirship Certificate No. 564/2002, when he approached the Land Revenue and Sett