ORDER

B.K. Mukherjea, J. - This appeal is on behalf of the plaintiffs and the suit was one commenced by them to set aside a revenue sale, and in the alternative for a declaration that their putni interest, under the estate sold, was not in any way affected by the sale and could not be annulled. The facts are not disputed and lie within a narrow compass. Touzi No. 335 of the 24-Pargannas Colleetorate which belonged to certain deities named Sri Sri Gopi Nath Jew and others was sold for non-payment of arrears of revenue on 23rd September 193C. There was a putni created under this estate as well as estates Nos. 1078 and 1233 of the 24-Pargan-nas Colleetorate, which also belonged to the deities, in favour of the predecessors of the present plaintiffs, by a registered kabuliyat dated 5th Aswin 1314 B.S. The plaintiffs who are the present putnidars instituted this suit, and their allegations in substance were that the revenue sale was premature and without jurisdiction and that there were various irregularities which made it liable to be annulled u/s 33 of the Revenue Sale Laws. In the alternative they prayed, that as their putni was one indivisible tenure under three estates of which only