Judgment

B. K. MUKHERJEA, J. : This appeal, which has come before us, on a certificate granted by the High Court of Calcutta, under Article 133(1) of the Constitution, is directed against a judgment and decree of a Division Bench of that court dated the 29th March 1950, affirming, on appeal, those of the Subordinate Judge, Fourth Court, Alipore, passed in Title Suit No. 70 of 1941.

2. The appellants before us are the heirs and legal representatives of the original defendant No. 3 in the suit, which was commenced by the plaintiffs respondents to recover possession of the property in dispute, on establishment of their title, as reversionary heirs of one Haripada Patra, after the death of his mother Rashmoni, who got the property in the restricted rights of a Hindu female heir on Haripada s death to appreciate the contentions that have been raised by the parties to this appeal it would be necessary to narrate the material facts in chronological order.

3. The property in suit which in premises No. 6 Dwarika Ghose s Lane situated in the suburb of Calcutta admittedly formed part of the estate of one Mahendra Narayan Patra, a Hindu inhabitant of Bengal, owning considerable properties, who di