A.H. Saikia, J.

1. Both the appellant and respondents instituted two Title Suits against each other in the Court of District Judge/Additional Deputy Commissioner, Shillong claiming their respective right, title and interest over the same plot of land with three houses standing thereon, i.e., suit land in question. The appellant filed Title Suit being T.S. No. 3(H)/78 against the respondents for declaration of right, title and interest, as absolute owner in the suit property and also for recovery of vacant possession by evicting the respondents therefrom as well as mesne profit. On the other hand, the respondents as plaintiff Nos. 1 to 5 instituted the suit being T. S. No. 12(H)/79 praying for declaration that (1) the predecessor-in-interest, Late Bhagirath Bora, the vender of the appellant, had no absolute right, title and interest over the suit property even though allotment was given in his name, (2) the Sale Deed executed by him vide Sale Deed dated 21.9.1977 was illegal and void, (3) Late Bora, arrayed as defendant No. 1, was bound by compromise agreement dated 10.6.1977 and (4) the respondents/plaintiffs had preferential right of purchase.

2. The brief facts, as have bee