JUDGMENT :

H.S. Thangkhiew, J.

1. This instant appeal under Section 299 of the Indian Succession Act read with Order 41 Rule 1 of the CPC has been preferred against the Judgment & Order dated 12.11.2003 passed in TEST Case (Probate) No. 1(H) of 2001 by the Additional District & Sessions Judge, Shillong. The background facts of the case is that the original respondent, one Smti Arati Das's husband died on 12.05.1986 leaving behind landed property that was mutated in favour of the son on 05.01.1989. The son thereafter had entered into an agreement on 14.02.2000 with the appellant to sell the vacant portion of the land. A sale deed was thereafter executed on 20.02.2001, possession taken over by the appellant, and permission was obtained to construct a residential house thereon.

2. Thereafter it seems that the deceased respondent filed a suit being T.S. No. 20(H) of 2001, for declaration on 01.11.2001, impleading the appellant and her husband as defendants 1 & 2 and her own son Shri Aparesh Das as defendant No. 3. Though injunction was obtained initially, the same was vacated and an appeal filed therefrom was dismissed on 11.05.2006.

3. The appellant herein also filed a suit being T.S. No.