JUDGMENT :

A.K. Padhi, J. - Both the appeals arise out of one judgment as both the suits were heard analogously. Title Suit No. 17 of 1977, the judgment and decree of which is challenged in First. Appeal No. 293 of 1978 was filed by one Sandhyarani paul for declaration of title regarding schedule 'A' properties of that suit and for recovery of possession with ancillary reliefs. In First Appeal No. 292 of 1978 the judgment and decree passed in Title Suit No. 9 of 1977 are challenged. By Plaintiff Jogamaya Paul filed suit for declaration of her title and recovery of possession of Schedule 'A' properties described in that suit. In both the cases the Defendants are same and the facts alleged in both the cases are similar.

2. In both the suits, it is averred that Keshab and Kailash were two brothers who were separated from each other. Kailash died issue-less leaving his widow Saraswati Bewa. Defendants are the sons of Keshab. Kailash had acquired considerable amount of landed properties from his own earning to which Saraswati succeeded as his sole heir. As Saraswati became ailing and subsequently it was opined that she was suffering from uterus cancer she needed money for her medical trea