The judgment of the Court was as follows :

Roy, J.: These two appeals arise out of the same judgment and decree passed by a learned Subordinate Judge of Howrah by which two suits heard analogously were disposed of Sukumar Banerjee, who is appellant in both the appeals, was the plaintiff in Partition Suit No. 30 of 1955 and defendant in T. S. No. 53 of 1955 which was a suit for specific performance of an agreement instituted by the' respondent Nos. 1 and 2. Partition Suit No. 30 of 1955 was dismissed and the suit for specific performance has been decreed by the learned Subordinate Judge. The two appeals in this Court have been preferred by the same person Sukumar Banerjee and the two appeals have been heard analogously in this Court. Parties in both the appeals were represented before us by same set of lawyers on either side. Mr. Bankim Chandra Banerjee with Mr. Gaganendra Krishna Deb appeared for the appellant and Mr. Panchanan Pal with Mr. Sasthi Charan Roy appeared for the respondent Nos.1 and 2. The respondent No.3, who was a pro forma defendant in the Court below, did not appear in this Court.

2. Facts relevant for disposal of the two appeals are that Sukumal the plaintif