Chakravartti, J. :- These are two appeals, arising out of the same suit and the same judgment, S.A. No. 1261 of 1943 being an appeal by the plffs. and S.A. No. 1511 of 1943 an appeal by the deft. The matter came up to this Court, once before and having been remanded, has come up a second time after a second decision by the lower appellate Court.

2. The subject-matter in dispute is a house, situated in the town of Asansol, which, admittedly, was acquired by and belonged to one Hanuman Singh. Hanuman was governed by the Mitakshara School of Hindu law and his descendants will appear from the following genealogical table.

3. As far as it appears from the record, all the persons shown in the above table, except Hanuman and Deoman, were alive at all material times and are still alive. It will be seen that Hanuman left two sons, named Ram Nehera and Sam Janam, Ram Nehera had four sons, named Deoman, Ram Kripal, Ram Sagar and Baramasia and of them, Baramasia has to sons, named Bamdas and Shyamdas, Ram Janam, the other son of Hanuman, has two sons, named Harinarain and Baramdeo and the former of them has two sons, named Jadunandan and Shewpujan Deoman died in the year 1933. When Han