JUDGMENT

1. These two appeals arise out of two suits which were numbered 1068 and 1069 of 1917 in the Court of the Second Munsif at Howrah. In the first of the suits the plaintiffs were four Muhammadans who sued as representing the Muhammadan community in Makordaha village in the Hooghly District. They sued for a declaration that a certain tank and its four slopes or bagchars were pirathar property and for confirmation or, in the alternative, for recovery of possession of the same. The defendants in the suit are described generally as the Kundu Ohaudhurys and are sued as Zemindars of the village, in which the tank is situated. In Suit No. 1069 there are seven plaintiffs and six of these are defendants in Suit No. 1068. These plaintiffs sued for a declaration of their Zemindari right to 11-annas, 10 gundas share of the western bank of the same tank and also for the demolition of a pucca structure erected thereon. The defendants in that suit are the four plaintiffs in Suit No. 1068 and three other Muhammadans and these defendants are sued as representatives of the Muhammadan community of Makordaha. The two suits ware tried together and were both dismissed by the Munsif. On appeal to t