JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mrs. Dinari T. Azyu, learned counsel for the appellant along with Mr. A.K. Rokhum, learned counsel for the respondent.

2. This is an appeal filed under Section 17(2)(b) of the Mizoram Civil Court’s act, 2005 read with Order 41 Rule 1 and Section 151 of the Code of Civil Procedure, 1908 against the order dated 11.03.2019 passed by the learned Senior Civil Judge, Aizawl District in Probate Case No. 2/2019.

3. The facts of the case in a nutshell is that the suit property initially belonged to Brig. Sapliana which had apportioned of the landed property i.e. LSC 390/1975 in favour of his son-in-law namely V.L. Zauva thereafter, Mr. V.L. Zauva had gifted a portion of the land in favour of his daughter namely H. Lalsangzuali and accordingly LSC No. 1301/1994 was registered in the name of Mrs. H. Lalsangzuali later, the LSC No. 1301/1994 was mutated in the name of her husband Mr. R. Chawngkhuma and Mrs. H. Lalsangzuali had also avail loan, being a government servant, wherein Mr. R. Chawngkhuma and Mrs. H. Lalsangzuali managed to a construct a 6 (six) storeys building.

4. On the demised of Mrs. H. Lalsangzuali, Mr. R. Chawngkhuma had executed the impugned Wi