Ramratna Singh, J.

1. Appellant, the Official Receiver of the Calcutta High Court in charge of the estate of one Durgacharan Mitter, was impleaded as a defendant in the two suits out of which these appeals arise. There are two appellants in the memorandum of appeal as there were two defendants in the suits, defendant No. 1 being the Official Receiver by designation and defendant No. 2 being the gentleman who holds that office at present. The estate of Durgacharan Mitter was comprised, inter alia, of the proprietary interest in tauzi No. 4505 of village Majhauli in the district of Patna.

This estate vested in the State of Bihar under the Bihar Land Reforms Act 1950 some time in 1955 or 1956. In October 1951, tenders were invited on behalf of the receiver for permanent settlement of certain areas of land and sale of trees standing thereon. The tender of Narmadeshwar Prasad Singh, plaintiff of money suit No. 1 of 1955, was accepted in respect of one piece of land and that of Baneshwar Prasad Singh plaintiff of money suit No. 2 of 1955, was accepted in respect of another piece of land; and accordingly these two plaintiffs deposited certain amounts in the then Imperial Bank of I