Monoj Kumar Mukherjee, J. :- This second appeal is at the instance of one of the two plaintiffs in a suit for restoration of certain properties, in the alternative, for recovery of price thereof.

2. The facts, on which the suit is premised and not in dispute, are that the plaintiff No. 1, who is the appellant before us is the proprietor of a shop at Mathabhanga. The plaintiff No. 2, the pro forma respondent herein is his son and also constituted agent holding a power of attorney on behalf of the plaintiff No. 1. The plaintiff No. 1 had another son by the name of Malchand Bhadani who was murdered in the night of Dec. 18, 1956. In connection with the case started over the said murder, the Investigating Officer seized certain articles and money, detailed in the schedule of the plaint from the plaintiff No. 2 and granted a receipt therefor. The articles, so seized, were exhibited before the Sessions Judge, Cooch Behar during the trial of the persons accused of the said murder. The trial ended on Sept. 21, 1957 with capital punishment of two of the accused persons. For all intents and purposes the criminal proceeding terminated on Sept. 19, 1958 when their appeal before the Supr