PATHAK, J.:- These two appeals are from the decree passed by the learned Subordinate Judge L.A.D. at Nowgong in Title Suit No.5 of 1961. The Plaintiffs filed the suit for declaration of their right, title and interest in the lands described in the schedule to the plaint, hereinafter referred to as the suit land, and for recovery of khas possession thereof.

2. The plaintiffs case may briefly be stated:-

The plaintiffs are daughters of late Brindaban Chandra Goswami; Pro forma Defendants Nos.11 and 12 are the sons of plaintiff No.1; Pro forma Defendant No.13 is the son of plaintiff No.2; Pro forma Defendants Nos.14 and 15 are the minor sons of plaintiff No.3; Pro forma Defendant No.16 is the widow of late Golok Chandra Goswami, brother of late Brindaban Goswami; and Defendant No.2 is the son of Pro forma Defendant No.16. Defendant No.1 is the widow of late Bimal Goswami, a predeceased son of Brindaban Chandra Goswami. Defendant No.1 remarried after the death of Brindaban Chandra Goswami.

That the suit land originally belonged to late Brindaban Chandra Goswami who died on 20th April, 1949 leaving the plaintiffs and defendant No.1 as his heirs. The defendant No.1 inherited the su