( 1 ) THIS appeal is by defendants 15 to 22 and it arises out of a suit for declaration of title and partition; in the alternative, for recovery of a sum of Rs. 9,000/- by way of refund of purchase money and damages from defendants 10 and 11. The learned Additional Subordinate Judge, 6th Court, Alipore, who tried the suit has passed a preliminary decree for partition accepting the plaintiff's claim of title to the extent of a 7 annas 6 pies share of the disputed properties. He has dismissed the plaintiff's alternative claim for recovery of the purchase money and damages.

( 2 ) DEFENDANTS 15 to 22, who contested the plaintiff's title to the suit properties and set up 16 annas' title in themselves, have preferred the present appeal.

( 3 ) THE facts giving rise to the present litigation may be shortly stated as follows: (4) One Rahamatulla left two sons, Enayetulla and Abdulla. Enayetulla died leaving two widows, Ajimannessa (senior) and Ajimannessa (junior), a sou Efajuddin and a daughter Kadabanu by the senior wife Ajmannessa Bibi, and a sun Mokshed and three daughters, Humidan, Sahidan and Rahidan, by the junior wife Ajimannessa Bibi. Kadabanu, Hamidan and Sa