( 1 ) THESE two appeals are directed against a common judgment disposing of Misc. Case No. 41 of 1962 and Misc. Case No. 10 of 1963 of the 6th Court of learned Subordinate Judge at Alipore.

( 2 ) THE two Misc. Cases arose out of two independent applications for pre-emption under Section 4 of the Partition Act arising out of Title Suit No. 34 of 1959 of the said Court.

( 3 ) SM. Panchanani Dasi defendant No. 4 in the said suit was the petitioner in Misc. Case No. 41 of 1962. The other Misc. Case No. 10 of 1963 was filed by Kalipada Das, defendant No. 3,

( 4 ) THE case of the two petitioners are practically identical. Their case is that the disputed properties namely premises No. 27/1a, Srish Chowdhury Lane, and 6a, Tarak Bose Lane form part of the same house and was the joint family dwelling house of Binodini Dasi and Tinkari Dasi. Binodini made a gift of her 8 annas shares in favour of Manmoth (the original plaintiff) who possessed the same jointly with his sisters, - Shyamasundari, Krishnabhamini, Durgabala and Panchanani. Shyamasundari, Krishnabhamini and Durgabala gifted away their 6 annas shares to the plaintiff and defendants Nos. 1 to 3 by a deed of g