( 1 ) THESE are the two appeals from original decrees arising out of two suits both of which were decreed by the trial Court. The two suits though heard and disposed of independently, are interlinked, and as such, we have heard these appeals analogously. While F. A. 481 of 1972 is directed against the judgment and decree dated Sept. 5, 1970, passed by the learned Subordinate Judge, 7th Court, Alipore in Title Suit No. 119 of 1965, F. A. 127 of 1977 is directed against the judgment and decree dated July 29, 1976, passed by the learned Subordinate Judge, 4th Court, Alipore in Title Suit No. 29 of 1973. United Industrial Bank Limited, a banking company incorporated under the Indian Companies Act had instituted both the aforesaid suits and Amulya Gopal Majumdar, a common defendant (being defendant No. 6 in Title Suit No. 119 of 1965 and defendant No. 1 in Title Suit No. 29 of 1973) alone contested the said two suits, at their hearing and feeling aggrieved by the decrees passed therein he alone has preferred the aforesaid two appeals.

( 2 ) TITLE Suit No. 119 of 1965 was a suit for realisation of an alleged mortgage debt due on an overdraft account from Eagle Plywood I