( 1 ) THIS appeal from original decree, was directed against the judgement and decree dated 28th July 1973, as passed in Title Suit No. 50 of 1968 by Shri S. N. Ghose, the learned Subordinate Judge, 1st Court, Nooghly and whereby, the concerned Title Suit was decreed in a preliminary form on contest and it was declared that the plaintiff/respondents would have 8 annas share in 'ka' Schedule properties of the plaint and they would also be entitled to get their shares partitioned by metes and bounds. The parties were further directed to effect an amicable partition by 31st Aug. 1973, falling which, it has been directed that a Partition Commissioner would be appointed by the Court, for effecting partition as per the share as mentioned above, upon an application made by either of the parties. The said Title Suit No. 50 of 1968 was heard analogously with Title Suit No. 50 of 1971 of the same Court and which was filed by the defendants Smt. Katya Bala Dasi and another and the subsequent suit was dismissed on contest.

( 2 ) THE 'ka' schedule properties as involved in Title Suit No. 50 of 1965 comprised of 1. 55 decimal of land of different khatians in district Hooghly, P.