( 1 ) THESE two appeals were heard analogously as those are preferred against the common judgment dated 30th August, 2000 passed by the learned Judge, 8th Bench, City Civil Court at Calcutta in two suits being Title Suit No. 2234 of 1981 and Title Suit No. 1513 of 1989 thereby decreeing both the suits.

( 2 ) THE facts giving rise to filing of those two suits may be summed up thus: (a) One Gopi Kanta Saha, the father of the parties had eight annas share in premises No. 5a, Ram Mohan Saha Lane, Calcutta. The said Gopi kanta Saha executed a Will dated 29th July, 1966 bequeathing his right, title and interest in the property in favour of his wife Sushilabala. On may 14, 1968 the said Gopi Kanta Saha died living behind his widow sushilabala, one son, the respondent No. 1 herein and two daughters, the appellant and respondent No. 2 respectively. (b) On 17th September, 1968 Sushilabala filed an application for grant of probate of the Will of Gopi Kanta Saha dated 29th July, 1966 before the original Side of this Court which was ultimately marked as testamentary Suit No. 8a of 1973. On June 11, 1969 the respondent no. 1, the son of Gopi Kanta Saha filed another ap