( 1 ) THESE two appeals were heard analogously as these are preferred against a common judgment dated 27th February, 2004 passed by the Additional District Judge, 3rd Court, Barasat, District - North 24-Parganas by which two different suits being Title Suit No. 1 of 1998 and title Suit No. 2 of 1998 were decreed.

( 2 ) TITLE Suit No. 1 of 1998 was originally numbered as Title Suit No. 1 of 1991 and was filed in the Court of District Judge, Alipore by six persons as plaintiffs against four named defendants. Out of the four defendants, the defendant Nos. 1 and 2, namely, Abhijit Roy Chowdhury and Subhajit Roy chowdhury were described as Sebaits while the present appellants, the purchaser from the parents of the defendant Nos. 1 and 2, was made defendant no. 3 and the defendant No. 4 was a director of the defendant No. 3. The said suit was filed under section 92 of the Code of Civil Procedure thereby praying for declaration that the premises Nos. 121 and 121/1. Kashi Nath Dutta Road, calcutta, constituted Debutter estate created by one Ganapati Chakraborty, since deceased, and for removal of the defendant Nos. 1 and 2 from Sebaitship of the deities. By the s