Raj Kishore Prasad, J.

1. These two appears are by the same person, but against different respondents; and as a common point of law arises in both the appeals they have been neard together at the instance of both the parties.

2. These two appeals, which are by the same plaintiff, arise out of the two suits in a judgment. The plaintiff is the present proprietor of the estate, known as Tori Estate, within, which lies the village in suit. This estate during the life time of the father of the present plaintiff, who was the previous proprietor, was taken over for management under the provisions of the Chotanagpore Encumbered Estates Act in the year 1901. The estate was released on 4-11-1909, but was again taken over, in the life time of the previous proprietor himself, on 5-1-1944, and since then the estate is under the management of Chotanagpore Encumbered Estates. The two suits were filed on behalf of the plaintiff through the Manager of the Chotanagpore Encumbered Estates, and the present appeals have also be,en filed through the General Manager of the above estate on behalf of the plaintiff,

3. In P. A. 508 of 1947, which arises out of Title Suit 5/12 of 1946/1947, and which