Lahiri, J. :- These two appeals are at the instance of the plaintiffs. Appeal from Appellate Decree No. 1356 of 1944 arises out of Title Suit No. 95 of 1942 in which the plaintiffs ask for a declaration of their title to the disputed land and for confirmation of their possession; and they also ask for an injunction restraining defendants 1 to 4 from proceeding with a certain mutation case instituted under the Land Registration Act. Appeal from Appellate Decree No. 1357 of 1944 arises out of Title Suit No. 88 of 1942 in which the plaintiffs pray for a declaration that defendants 5 and 6 are tenants under them in respect of kha schedule land of the plaint and ask for an injunction restraining defendants 1 to 4 from withdrawing the money which had been deposited by defendants 5 and 6 under the provisions of S. 149, Bengal Tenancy Act.

2. The facts which are material for the purpose of these two appeals are these: One Nripendra Bala had a moiety share in Touzi No. 192 of the 24-Parganas Collectorate. Defendants 1 to 4 instituted a suit, viz. No. 328 of 1937 against Nripendra Bala and obtained a decree on 2-8-1938. Before the decree, however, Nripendra Bala died living a will by