JUDGMENT

1. These two appeals arise out of the partition suit No. 19 of 1936 of the Court of the Subordinate Judge, Jalpaiguri, instituted by one Khatemannessa Bibi, since deceased, for self and on behalf of her two minor sons claiming in all 0-8-7 7/10 pies share in the properties given in the schedule to the plaint as some of the heirs of late Safikuddin Ahammad. Admittedly the properties given in the schedule 'ka' to the plaint once belonged to Safikuddin Ahammad and he died on 11th March 1924. The present suit was instituted on 9th September 1936. The plaintiffs' case is that the said Safikuddin Ahammad married three wives, namely, Taibannessa who predeceased him, Bibi Tanjina Khatun (defendant 1 in this case), and Bibi Khatemannessa, plaintiff 1; and that he died leaving the following relations as his heirs:

1. Two wives (a) Bibi Tanjina Khatun (defendant 1), (b) Bibi Khatemannessa (plaintiff 1).

2. Five sons (a) Khalilur Rahaman (plaintiff 2), (b) Khatibar Rahaman (plaintiff 3), (c) Latifar Rahaman (died before suit), (d) Tahmidar Rahaman (defendant 3), (e) Tabiur Rahaman (defendant 2).

3. Two daughters (a) Sayeda Khatun (defendant 4), (b) Sufia Khatun (died before suit).

2. Latif