( 1 ) THESE two appeals arise from a suit for partition on a declaration as to his 8 annas share filed by the plaintiff respondent Kapildeo Singh sou of late Ram Gulam Singh.

( 2 ) THE facts are briefly as follows: One Biru Maharaj, a Punjabi Brahmin belonging to Khanpur in Hossiarpur District of the Punjab, was a tenant in respect of 10 cottahs of Thika bastu land at 47. Bharpara Road within the Howrah Municipality, and he erected several structures thereon and occupied one of the structures himself and let out other to tenants. He took a loan of Rs. 376/- from Ram Golam Singh, father of the plaintiff respondent, by mortgaging his interest in the property at 47, Bharpara Road. Biru Maharaj went to his native village in Punjab in 1941 and died there. In 1945, Ram Golam Singh being dead his two sons viz. , Kapildeo Singh the plaintiff respondent and Necklal Singh, instituted a mortgage suit, being Title Suit No. 81 of 1941, against Shyampeari describing her as the widow and sole heir of Biru Maharaj. The suit was decreed on 10-4-1945 in preliminary form, and final decree for sale was passed on 20-5-1946, and in the execution case started thereafter the property was s