( 1 ) THE plaintiff has alleged that defendant No. 1, Jugal Kishore and defendant No. 2, Bhupendra, are his brothers. Their father, Rasamoy Kundu, lived at Ichhapore in the district of Jessore, which is now in Bangladesh. He was governed by the Dayabhaga school of Hindu law. On the 21st Feb. 1948, he died leaving behind those three sons as his only heirs. His wife had predeceased him. He was very well off, owned many properties and extensive business. He constructed a godown and carried on jute business therein at Langal Bandh Bazar near his native village in the benami of Monorama Kundu, Jugal's wife. In 1946 a riot broke out in Bengal and so Rasamoy wanted to have a house in Calcutta. He sent Jugal to purchase land in Calcutta for that purpose. On the 23rd Dec. 1946, a deed of agreement was thus executed regarding the suit land. On the 16th Jan. 1947, a kobala was executed in respect of that property. Though both the documents stood in his daughter-in-law Monorama's name, she was merely his benamidar. After the purchase, he began to raise building on that land, but 'he construction was not completed during his lifetime. He and his three song lived in a joint fam