( 1 ) THIS appeal arises out of the judgment and decree passed by Shri Satyanarayan Bhattacherjee, the learned Additional District Judge, 9th Court, Alipore, reversing those of dismissal passed by Shri P. Dulta, the learned Subordinate Judge, 4th Court at Alipore and remanding the case for fresh trial after giving the plaintiff appellant an opportunity for local investigation for relayment of her deeds of title for establishing identity with the suit plots.

( 2 ) THE plaintiff commenced the suit for partition and for recovery of possession and mesne profits on the following averments:--One Abdul Hakim auction purchased 8 annas share of the suit lands being C. S. Plots Nos. 391 and 392 appertaining to khatian No. 469 of mouza Sultanpur P. S. Dum Dum in Execution Case No. 516 of 1921 of the Court of Munsif, Sealdah and got the sale certificate. The suit lands were said to be Items Nos. 2 and 8 at the sale certificate. The remaining 8 annas share of those lands belonged to one Elejan Bibi.

( 3 ) ABDUL Hakim sold his 8 annas share to Sukurjan Bibi under a registered sale deed dated 25-6-1923 along with other lands and put her in possession. Sukurjan gave 7 a