Point of Law: Merely making vague allegation without material particulars, in opinion of this Court, do not lead to existence of a prima-facie case.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. D. Mazumdar, the learned senior counsel assisted Mr. P. Borah, the learned counsel appearing on behalf of the appellant in FAO No. 40/2022 and Ms. N. Nirala, the learned counsel appearing on behalf of the appellants in FAO No. 52/2022. I have also heard Mr. B.D. Deka and Mr. L. Sangtam, the learned counsel appearing on behalf of the respondent No. 1 in both the appeals.

2. Both the appeals, i.e. FAO No. 40/2022 and FAO No. 52/2022 arise out of the order dated 11.01.2022 passed in Misc. (J) Case No. 54/2017 arising out of the Title Suit No. 68/2017 by the Court of the Civil Judge No. 1, Dibrugarh and taking into account that both the appeals raise the similar questions of law and facts, both the appeals are taken up for disposal together by this common order.

3. For the sake of convenience, the parties herein are referred to in the same status as they stood before the trial court.

4. The respondent No. 1 in both the appeals is the plaintiff in Title Suit No. 68/2017. The case of the plaintiff in brief is that the plaintiff is the son of one Gulreihan Ahmed. The said Gulreihan Ahmed together with her sisters-in-law Jaibunnissa Ahmed and Khurshid Ara Rahman jointly purchased a plot of land measuring 2 bighas 4 kathas 19 11/12 lechas equivalent to 43188 sq. feet. more or less, being part of the land of Dag Nos. 56 and 154 covered by Tea Periodic Patta No. 1 of village-Niz Mankotta Gaon, Mouza-Mankotta Khanikar in the district of Dibrugarh, Assam from their previous lawful owner, viz. M/s Jalan Nagar South Tea Estate Ltd. for valuable consideration by executing registered Deed of Sale being Deed No. 163/1969 before the Dibrugarh Sub- Registry. Out of the said land, 1 bigha 3 kathas 3 11/12 lechas of land was included in Dag No. 56 and 1 bigha 1 katha 16 lecha was included in Dag No. 154. The further case of the plaintiff is that all the owners, i.e. the plaintiff’s mother and her daughters-in-law jointly sold 1 bigha 0 katha 7.39 lechas and the remaining land was jointly possessed by the plaintiff’s mother and her daughters-in-law which was equivalent to 1 bigha 4 kathas 8.36 lechas equivalent to 27127.43 sq. feet. It was also mentioned that in the meantime, the cadastral of Dag Numbers and Patta Numbers were changed and the said land was included in Dag No. 565 covered by Periodic Patta No. 146 of extended Khalihamari Ward of Dibrugarh Town Mouza. Thereupon, the plaintiff’s mother and the mother of the defendant No. 1 expired and the plaintiff and the defendant No. 1 became the joint owners of the land together with Mrs. Khurshid Ara Rahman. There was an amicable settlement amongst the said co-owners on 16.12.2000 and the said land measuring 1 bigha 4 kathas 8.36 lechas was amicably partitioned into three different parts. One part fell into the heirs of Late Jaibunnissa Ahmed, one part to the heirs of the plaintiff’s mother and one part to the original owner Mrs. Khurshid Ara Rahman. It has also been mentioned that a map was accordingly prepared through the Lat Mandal of Dibrugarh Town whereby the specific shares which fell to each group was distinctly shown and the said arrangement/partition was further confirmed by the heirs of each group and the defendants including defendant No. 1 who put his signature as a token of acceptance of the partition made and of the allotment of the respective shares of each of the group. It has been further alleged that from the arrangement/settlement arrived at amongst the co-owners, the plot marked as A&B fell to the share of Late Jaibunnissa Ahmed. The plot marked as C&D fell to the share of Mrs. Khurshid Ara Rahman (since deceased) and the plot marked as E&F fell into the share of late the heirs of late Gulreihan Ahmed (the plaintiff’s mother). The total area of the land of Plot No. A&B measured 7717.55 sq. feet which fell to the heirs of Jaibunnissa Ahmed, i.e. the defendant No. 1; the total share of land measuring 9291.50 sq. feet fell to the heirs of Mrs