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