( 1 ) THE judgement we render now governed two appeals being F. A. No. 525 of 1974 and F. A. No. 555 of 1974. Two cross objections have also been filed. F. A. No. 525 of 1974 arises out of the judgement and decree in T. S. No. 65 of 1971 (previously numbered as T. S. No. 107 of 1957) of the 7th Court of Subordinate Judge, Alipore. F. A. No. 555 of 1974 arises out of the judgement and decree in T. S. No. 66 of 1971 (previously numbered as T. S. No. 115 of 1959) of the same court. It may be mentioned that the learned Subordinate Judge heard both the suits analogously and disposed of them by one common judgement. Title Suit No. 65 of 1971 was dismissed on contest. Title Suit No. 66 of 1971 was decreed in part on contest. Manindra Nath Mukherjee was the appellant in F. A. No. 525 of 1974. The heirs of Sidheswari Debi have filed the appeal, F. A. No. 555 of 1974.

( 2 ) TITLE Suit No. 65 of 1971 was filed by the plaintiff, Manindra Nath Mukherjee, for partition of the suit properties and for accounts. That is the main suit and the other suit, namely Title Suit No. 66 of 1971, can be legitimately called and off spring of the first suit. In Title Suit No. 65 of 1971, the