( 1 ) THESE two appeals are at the instance of Sriman Prabahan Mitra, Plaintiff in Title Suit No. 96 of 1982 and Defendant No. 4 in Title Suit No. 97 of 1982 and they are directed against the common judgment made on Aug. 31, 1982 by Sri B. K. Panda, Subordinate Judge, 4th Court, Alipore, 24-Parganas, dismissing the Title Suit No. 96 of 1982 and decreeing the Title Suit No. 97 of 1982, directing the Defendants Nos. 1 to 4 of Title Suit No. 97 of 1982 to execute and convey the suit property mentioned in the plaint schedule in favour of the Respondents within 2 (two) months from the date of the judgment after receiving the balance consideration money, in default the Plaintiff in Title Suit No. 97 of 1982 may apply to the Court for execution and registration of the conveyance of the property through court.

( 2 ) THE facts of the case, as appeared from the pleadings of the said suit are as follows:-

( 3 ) PRABHAT Kumar Mitra, since deceased, the grandfather of minor Prabahan Mitra executed his last will in respect of No. 25, Mandevilla Garden, Calcutta 19, wherein the testator gave life interest in respect of the premises No. 25, Mandevilla Garden, Calcutta-19, to his wife Sm. Madhuri

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