G. N. Das, J. :- These are two appeals by the defendant Manindra Nath Dinda against the judgments and decrees passed by Sri G. Palit, Additional Subordinate Judge third Court, 24-Parganas and dated 31-5-1946.

2. The suit out of which F. a. No. 204 of 1946 has arisen, was numbered as Title Suit 23 of 1943 and later renumbered as Title Suit 6 of 1946. The suit out of which F. a. No. 205 of 1946 has arisen was numbered as Title Suit 40 of 1943 and later renumbered as Title Suit 7 of 1946.

3. The two suits were heard together, and the Court below delivered one judgment disposing of the two suits.

4. In this Court, F. a. No. 204 of 1946 was heard first and immediately thereafter F. a. No. 205 of 1946 was heard.

5. I shall first state the case of the plaintiff Amiya Pal Chowdhury in Title Suit No. 6 of 1946. The allegation briefly is that on 20-5-1908, Sm. Radha Sundari Pal Choudhury, who died in 1924 and whose estate is now in the hands of her son, Amiya Pal Chowdhury, the plaintiff, as the administrator to her estate, took a temporary settlement for a term of 33 years, of the disputed towzi No. 2935, being Part v of Lot No. 135 of Mouza Radhanagar Dakhin, J. L. No. 64 within polic