Bankim Chandra Ray, J.

1. This is an application under Section 115 of the Code of Civil Procedure and it is directed against the judgment and order dated 17.5.1974 passed by the Subordinate Judge, Third Court, Midnapore, in Title Appeal No. 208 of 1973 setting aside the judgment and decree dated 24.3.1973 passed by the Second Court of Munsif at Contai in Title Suit No. 376 of 1969 holding that the suit had abated under Section 57(b) of the West Bengal Estates Acquisition Act.

2. The petitioner Sudhabodh Misra instituted a suit, being Title Suit No. 376 of 1969 in the Second Court of Munsif at Contai stating, inter alia, that the lands measuring 6.67 acres described in Schedule "A" to the plaint had been possessed by him exclusively on the basis of an amicable partition with the defendants Nos. 2 to 4 since 1358 B.S. that the said property along with other properties were the ancestral properties and they were governed by the Mitakshara School of Hindu Law inasmuch as their predecessors, who originally were the residents of Orissa, migrated to Midnapore where they are now residing. On 24th of Magh, 1362 B.S. corresponding to 7.2.1956, a formal partition deed was executed and