B.P. Katakey, J.

1. This Letters Patent Appeal has been filed by the appellant against the Judgment and order dated 4.6.1997 passed in First Appeal No. 8 (SH) of 1996, filed by the present respondent No. 1, where by and where under the said appeal has been allowed by setting aside the order dated 3.4.1996 passed by the learned Additional Deputy Commissioner, East Khashi Hills District, Shillong. In Title Suit No. 8(T) of 1995 dismissing the suit filed by the appellant, on the ground that the said suit is barred by the principle of res judicata because of the Judgment and order dated 6.11.1990 passed by the Additional Deputy Commissioner, East Khashi Hills District, Shilling in Title Civil Appeal No. 4(T) 1989 confirmed by the High Court vide Judgment and order dated 26.5.1995 passed in Civil Revision No. 9(SH) of 1991.

2. The facts in brief, relevant for the purpose of disposal of the present appeal, are noted here in below:

(i) The suit being Title Suit No. 9(T) of 1982 was filed by the predecessor-in-interest of the present appellant, namely, Smti. Zeenat Ahmed against the present respondents and others praying for a decree (a) for declaration that the defendant No. 1 and/or