( 1 ) THIS is an appeal against the judgment and decree passed by the 5th Extra Court of the Additional District Judge, Alipore in Title Appeal No. 1137 of 1959 reversing the judgment and decree dated 21st August 1959 passed by the Subordinate Judge of 7th Court, Alipore in Title Suit No. 38 of 1956.

( 2 ) THE respondents Nos. 1 and 2 filed a suit alleging that Sekander Ostagar, predecessor of the plaintiffs and the defendants Nos. 1 and 2 and Abdul Ostagar, predecessor of the defendants Nos. 3 to 14 were relations. By a registered patta dated 26-11-1909 they took a lease of the disputed property at a rental of Rs. 22/- and had eight annas share each in the property, Abdul Ostagar died first leaving the defendant No. 3 and one Amena Bibi, predecessors of the defendants Nos. 4 to 14 as his daughters. Those heirs began to possess the property in ejmali with Sekandar Ostagar. Then the latter died leaving the defendants Nos. 1 and 2 as sons by his first wife, the plaintiff No. 3 as his daughter, the plaintiff No. 1 as his third wife and the plaintiff No. 2 as his son by the latter. After Sekandar's death Amena Bibi died leaving the defendant no. 16's wife Sayera Bi