B.P.Sinha, J.

1. Miscellaneous appeal No. 7 of 1961 and Miscellaneous Appeal No. 8 of 1961 arise out of Title Suit No. 12 of 1949 and Title Suit No. 35 of 1950 respectively. They are against the same order dated 23-12-1960 passed by the 1st Additional Subordinate Judge of Arrah. They have arisen under the following circumstances.

2. Sheo Prasanna Singh was the owner of four annas share in respect of Mauza Rajapur bearing Tauzi No. 1503/14 in the district of Shahabad. This share was coming in his family since the time of his ancestors. The said share comprised of 153 bighas 10 kathas of bakabht land beside tenancy lands. The ancestors of Sheoprasanna Singh (plaintiff No. 1 of Title Suit No. 35 of 1950) had let out in rehan their aforesaid proprietary interest with Bakasht lands in favour of Naurang Thakur and later on in favour of Lal-mohan Thakur (ancestors of defendants 1st party of Title Suit No. 35 of 1950) by sixteen registered deeds. The total amount covered by those documents was Rs. 61,154/ 15/6. The rehandars got possession over the mortgaged properties. Subsequently by agreement dated 1-3-1921 an area of 27 bighas and 4 kathas of bakasht lands was released to the m