Ajoy Nath Ray, J.

We have heard two appeals from the same decree, which is a preliminary decree for partition.

2. The only property centering which arguments have been made in these appeals is premises No. 9/4 Middleton Row. It measures some 1 bigha 6 cottas of land and is situated in one of the best localities in mid-town at Calcutta.

3. Although the decree was passed on 23rd December, 99 the suit had been instituted as early as in 1981. It was a partition suit amongst the heirs of one Balai Chand Ghose, deceased, who died on the 16th August, 1980 having led a full and rich life.

4. He left behind him two mourning widows, his first wife having predeceased him in his lifetime. There were 9 other heirs of Balai Chand Ghose and the partition suit was, inter alia, amongst these progeny and the wives.

5. Other property than the one mentioned above was also involved in the suit, but we are not concerned with these. At the time of his death, Balai was living with his third wife Mamanta and his only issue by her, Arindam. They were the first two defendants in the partition suit.

6. The plaintiffs were ........ the second wife of Balai, namely, Nirmala and her children, the younger son B