( 1 ) THIS appeal at the instance of the defendants 1 and 2 is against the decree passed in Title Suit No. 1145 of 1960 of the first court of the Munsif at Sealdah.

( 2 ) MR. Guha, the learned counsel for the appellants-defendants in this second appeal which arises out of the Title Appeal No. 151 of 1963 has very rightly taken only one ground and that is a ground of law. Mr. Guha submitted that if the learned appellate court found that Jan Md. left three daughters, the entire suit for declaration of title and recovery of possession against his clients must fail. There is a cross-objection at the instance of the plaintiffs wherein it is stated that the finding of the appellate court that Jan Md. left three daughters was not correct.

( 3 ) LET me now come into the details of the suit. There are two plaintiffs, Kshitish Chandra Sen Gupta and Sm. Kusum Kumari Nath and there are several defendants of which defendants 1 and 2 Aswini and Ram Nath are the appellants. The plaintiffs started their case in respect of land measuring 16 decimal covered by C. S. Plot No. 936/1728 of Mouza Digla, P. S. Dum Dum held by one Fate Mohammad as tenant under the Tewaris. Fate Mohamma