Page No.# 1/8 GAHC030004212024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/109/2024 Sh. C. Malsawma S/o Sh. C. Rohluta (L), R/o Chaltlang, Lily Veng, Aizawl, Mizoram VERSUS Smt. C. Lalrinmawii W/o Sh. C. Rohluta (L) R/o Chaltlang, Lily Veng, Aizawl, Mizoram Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Mr. Lalrokunga Pautu Linked Case : RFA/23/2024 Sh C. Malsawma S/o Sh. C. Rohluta (L) R/o Chaltlang Lily Veng Aizawl Mizoram VERSUS Smt. C. Lalrinmawii W/o. C. Rohluta (L) Page No.# 2/8 R/o Chaltlang Lily Veng Aizawl Mizoram Advocate for the Petitioner : Mr. Joseph Lalchhanhima Renthlei Advocate for the Respondent : Mr. Lalrokunga Pautu B E F O R E HON’BLE MR. JUSTICE NELSON SAILO ORDER 04.02.2025 Heard Ms. Mary Lalramngheti, learned counsel for the applicant and Mr. Lalrokunga Pautu, learned counsel for the sole respondent. This is an application filed by the applicant seeking condonation of delay of 861 days in filing an appeal against the Order dated 17.11.2021 passed by the Court of Senior Civil Judge-III, Aizawl in Heirship Certificate Application No. 1172/2021 and the resultant Heirship Certificate granted to the respondent in respect of LSC No. Azl-2364/1991 located at Chaltlang Lily Veng, Aizawl, Mizoram. The applicant is the son of late C. Rohluta, in whose name the property was registered. The respondent, on the other hand, is the second wife of late C. Rohluta. On the strength of the Heirship Certificate granted to her, the respondent has transferred the ownership in her name. Aggrieved with the same, the applicant has filed the connected appeal. Page No.# 3/8 [2.] The learned counsels for the rival parties submit that during the pendency of the application, the parties have come to an amicable settlement. A consensus has been reached between the parties that the LSC in question shall be transferred and registered in the name of the instant applicant and that the applicant in turn shall not disturb the respondent on the portion of the property that was gifted to her by late C. Rohluta. Apart from this, there are other agreements which have been arrived at by the parties. The entire agreement has been put down in writing and duly signed by the parties and witnessed by two persons. The learned counsels therefore submit that in view of the agreement reached between the parties, the Heirship Certificate granted to the respondent will not be given effect to and the respondent has agreed not to claim any benefit out of it. [3.] The agreement reached between the parties both in vernacular as well as English are abstracted as below:- “AGREEMENT (INREMSIAMNA) Pu C. Rohluta ( L) hminga awm LSC No.Azl-2364 of 1991 [Loaction: Chaltlang Lily Veng, Aizawl, Mizoram] rochuntu nihna Heirship Certificate chu Pi C. Lalrinmawii hian Pu C. Malsawma hriat lovin Court ah alo dil a. Chu a dilna ang chuan Senior Civil Judge-III, Aizawl Judicial District, Aizawl, Mizoram chuan Order dt. 17.11.2021 hmangin Heirship Page No.# 4/8 Certificate Appln. No. 1172/2021 chu Pi C. Lalrinmawii hnenah a pe a. Pi C. Lalrinmawii hian LSC No. Azl-2364 of 1991 rochuntu nihna Heirship Certificate a nei tih hriat a nih veleh Pu C. Malsawma hian Gauthati High Court, Aizawl Bench ah appeal i.e., RFA No. 23 of 2024 a thehlut nghal a ni. RFA No. 23 of 2024 chungchanga inremsiamna nei turin he INREMSIAMNA (COMPROMISE AGREEMENT) hi vawin ni 3rd February, 2025 his Aizawl, Mizoram ah, Pu C. Malsawma S/o C. Rohluta (L) R/o Chaltlang Lily Veng, Aizawl, Mizoram (FIRST PARTY) leh Pi C. Lalrinmawii W/o C. Rohluta (L) R/o Chaltlang Lily Veng, Aizawl, Mizoram (SECOND PARTY) te chuan a hnuai ami ang hian inremsiamna an siam ani. Hetiangin:- 1. Pu C. Rohluta (L) hminga awm LSC No. Azl-2364 of 1991, Chaltlang Lily Veng, Aizawl, Mizoram a awm rokhawmtu nihna Heirship Certificate Appln. No. 1172 of 2021 Pi C. Lalrinmawii (SECOND PARTY) in a dil, Senior Civil Judge-III, Aizawl Judicial District, Aizawl, Mizoram in Order dt. 17.11.2021 hmanga a phal (issue) tak chu cancel a ni ang a. He ram hi Pu C. Malsawma (FIRST PARTY) in a rochun ang. 2. Pi C. Lalrinmawii (SECOND PARTY) in Heirship Certificate Appln. No. 1172 of 2021 hmanga LSC No. Azl-2364 of 1991, Chaltlang Lily Veng, Aizawl, Mizoram ama hming a Land Revenue & Settlement Department a alo thlak chu Pu C. Malsawma (FIRST PARTY) hminga thlak a ni ang. 3. Pu C. Rohluta (L) in a nupui Pi C. Lalrinmawii (SECOND PARTY) Page No.# 5/8 hnena a chan tura a pek LSC No. Azl-2364 of 1991 huamchhunga ding building floor hnuai ber chu Pi C. Lalrinmawii (SECOND PARTY) hian a chang ang. A dam chhung zawngin he floor ah hian Pi. C. Lalrinmawii (SECOND PARTY) hian thuneihna a nei anga, ram i.e., LSC No.Azl-2364 of 1991 hi Pu C. Malsawma (FIRST PARTY) himga thlak ni mahse Pu C. Malsawma (FIRST PARTY) hian Pi C. Lalrinmawii (SECOND PARTY) hi a floor chan chungchangah a Pi C. Lalrinmawii (SECOND PARTY) hi a dam chhungin a tibuai lo ang. 4. Pi C. Lalrinmawii (SECOND PARTY) hi Pu C. Malsawma (FIRST PARTY) hringtunu nilo mahse chhungkaw pa ber leh inhmun neitu Pu C. Rohluta (L) nupui a nih avangin Pu C. Malsawma (FIRST PARTY) te hian Pi C. Lalrinmawii hi a damchhungin a thlahthlam lo ang. A chung a AGREEMENT (INREMSIAMNA) hi tih luihna tel lo leh, chhia leh tha hriatna thiang tak hmanga ni 3rd February, 2025 ah Aizawl, Mizoram a siam niin, kan pawm tlang ngei a ni tih lantir nan a hnuai ah hian kan hming kan ziah hnan a ni. Sd/- Sd/- (C. MALSAWMA) (C. LALRINMAWII) FIRST PARTY SECOND PARTY Hriatpuitute: Sd/- Sd/- 1. (JOSEPH L. RENTHLEI) 2. (LALROKUNGA PAUTU) R/o ZONUAM, AIZAWL R/o BUNGKAWN Ph: 8257932336 Ph: 9774732510 Page No.# 6/8 AGREEMENT (AGREEMENT) Smt. C. Lalrinmawii applied for a Heirship Certificate for the land owned by Sh. C. Rohluta (deceased), bearing LSC No. Azl-2364 [Location: Chaltlang Lily Veng, Aizawl, Mizoram] in court without informing Sh. C. Malsawma. Following this application, the Court of the Senior Civil Judge-III, Aizawl Judicial District, Aizawl, Mizoram issued Heirship Certificate Appln. No. 1172 of 2021 to Smt. C. Lalrinawmi. Upon learning that the Heirship Certificate for LSC No. Azl-2364 of 1991 was granted to Smt. C. Lalrinmawii, Sh. C. Malsawma promptly filed an appeal, RFA No. 23 of 2024, in the Gauhati High Court, Aizawl Bench. This COMPROMISE AGREEMENT is executed to resolve the dispute in RFA No. 23 of 2024 on this 3rd day of February, 2025, at Aizawl, Mizoram, between Sh. C. Malsawma, son of C. Rohluta (deceased), residing at Chaltlang Lily Veng, Aizawl, Mizoram (hereinafter referred to as the FIRST PARTY), and Smt. C. Lalrinmawii, wife of C. Rohluta (deceased) residing at Chaltlang Lily Veng, Aizawl, Mizoram (hereinafter referred to as the SECOND PARTY), wherein the parties have mutually agreed as follows:- 1. Heirship Certificate Appln. No. 1172 of 2021 with respect to the land owned by C. Rohluta (L) bearing LSC No. Azl-2364 of 1991, issued vide Order dt. 17.11.2021 of the Senior Civil Judge-III, Aizawl Judicial District, Aizawl, Mizoram with respect to the application of Smt. C. Lalrinmawii (SECOND PARTY) shall be cancelled. This land shall be inherited by Sh. C. Malsawma (FIRST PARTY). Page No.# 7/8 2. The ownership of LSC No. Azl-2364 of 1991, located in Chaltlang Lily Veng, Aizawl, Mizoram, which was previously transferred/mutated by Smt. C. Lalrinmawii (SECOND PARTY) to herself at the Land Revenue & Settlement Department using Heirship Certificate Application No. 1172 of 2021, shall now be transferred/mutated to Sh. C. Malsawma (FIRST PARTY). 3. Smt. C. Lalrinmawii (SECOND PARTY) shall retain ownership of the portion given to her by her late husband, Sh. C. Rohluta (L), specifically the ground floor of the building situated on the land covered by LSC No.Azl-2364 of 1991. During her lifetime, Smt. C. Lalrinmawii (SECOND PARTY) shall have full authority over the said floor. While LSC No.Azl-2364 of 1991 will be transferred/mutated in favour of Sh. Malsawma (FIRST PARTY), Sh. C. Malsawma (FIRST PARTY) shall not interfere with Smt. C. Lalrinmawii (SECOND PARTY) regarding her share, i.e., the ground floor, throughout her lifetime. 4. Although Smt. C. Lalrinmawii (SECOND PARTY) is not the biological mother of Sh. C. Malsawma (FIRST PARTY), as she is the spouse of C. Rohluta (deceased), the head of the family and original owner of the land, Sh. C. Malsawma (FIRST PARTY) shall ensure that Smt. C. Lalrinmawii is not neglected during her lifetime. The Agreement is voluntarily made, free from coercion and with the bona fide discernment of both parties, on the 3rd day of February 2025, at Aizawl, Mizoram. The parties hereto affix their signatures in confirmation of their mutual assent to its terms. Page No.# 8/8 Sd/- Sd/- (C. MALSAWMA) (C. LALRINMAWII) FIRST PARTY SECOND PARTY Witnesses: Sd/- Sd/- 1. (JOSEPH L. RENTHLEI) 2. (LALROKUNGA PAUTU) R/o ZONUAM, AIZAWL R/o BUNGKAWN, AIZAWL Ph: 8257932336 Ph: 9774732510” [4.] The application is therefore disposed of in terms of the agreement reached between the parties as abstracted above. The original copy of the agreement reached between the parties is retained in the record and marked as ‘X’ for identification. JUDGE Comparing Assistant