JUDGMENT

Majumdar, J. - This summons has been taken out on behalf of the Plaintiffs Surendra Kumar and Narendra Kumar Karforma both shebaits of the Thakur Sree Sree Iswar Radhakanta Jew who entered into an agreement with the Defendant for sale of the premises No. 95, Pathuriaghata Street belonging to the said Thakur for determination inter alia of the following question:

(a) Having regard to the facts and circumstances under which the Plaintiff have agreed to sell the aforesaid promises whether a marketable title can be made out by them as sin baits for the sale of the said premises.

The Thakur who is located in the other premises belonging to the Thakur at 3, Akshoy Dutt Lane was later on added as a Plaintiff and is represented by the said shebaits. The facts as alleged by the Plaintiffs are:

One Mohendra Nath Pramanik who was maternal uncle of the Plaintiffs' grandfather Bhuban Karforma by his Will made on or about 27th March, 1873, appointed the said Bhuban Mohan and one Sm. Chuni Dassi as his executor and executrix and also directed thereby inter alia as follows :

(a)That the executor and executrix after causing the Government bills, etc., of

(5) Unreported decision of S.R. Das, J.,