( 1 ) THIS reference arises out of a suit instituted by Amar Nath since deceased against 9 defendants claiming declaration of the plaintiff's right to an one-third share in the suit properties and partition and separate possession of his share on the ground (a) that the plaintiff and defendants Nos. 1 and 2 Lokenath and Chandra Nath were co-owners of the properties, (b) that their brother Tarak Nath obtained schedule ka properties under a deed of settlement executed by Raja Pearymohon, (c) that on a true construction of the deed of settlement in the event of Tarak dying sonless, the plaintiff and the defendants Nos. 1 and 2 would become entitled to the schedule ka properties in equal shares subject to the rights given to Tarak's widow, (d) that the schedule kha properties were in reality transformations of some of the other properties obtained by Tarak under the deed of settlement, (e) that Tarak Nath died sonless leaving behind him his widow defendant No. 3 Siba Rani and his daughters, defendants Nos. 4, 5 and 6, Amiyabala, Rekha and Anima, (f) that on the death of Tarak Nath the plaintiff and the defendants Nos. 1 and 2 became entitled to the schedule ka and kha pro