( 1 ) THESE two appeals arise out of two money suits, one of which was instituted by Swarnalata Bose, appellant in S. A. 1645 of 1953, and the other by Nirode Ranjan Ghosh, appellant in S. A. 1646 of 1953. The suit filed by Swarnalata in the Trial Court bore No. 34 of 1950, and the suit filed by Nirode bore No. 42 of 1950. The suit of Swarnalata was instituted for realisation of maintenance and annuity money provided in the will. Nirode's suit was instituted for realisation of annuity money provided in the same will; there was an additional claim for annuity money alleged to be due on an annuity bond executed by respondent Promode Chandra Roy Choudhury. The claim of the plaintiffs in both the suits was dismissed by the Trial Court which delivered one judgment in the two suits, and the decrees of dismissal passed by the Trial Court were confirmed in appeals by the Lower Appellate Court. So the two plaintiffs have preferred these two appeals which were heard analogously as some common questions of law and fact are involved in both the appeals.

( 2 ) THE facts material for the purpose of these two appeals are not in dispute and they may thus be set out in brie