1. Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Ms. B. Chakraborty vice Ms. P. Chakraborty, learned counsel appearing for the appellants as well as Mr. A.C. Bhowmik, learned senior counsel assisted by Mr. D.C. Roy and Mr. D. Sarkar, learned counsel appearing for the respondents.

2. Both these appeals, being RSA No. 55 of 2008 and RSA No. 56 of 2008 are clubbed together for disposal by a common judgment and order, inasmuch as the suit and the suit (counterclaim) filed by the appellants and the respondent-counter-claimant were disposed by a common judgment and decree. When the appellants herein filed the appeals under Section 96 of the CPC, questioning the judgment and decree passed in those suit and the suit (counterclaim) those appeals, being Title Appeal No. 8 of 2008 and Title Appeal No. 9 of 2008 were also disposed by the common judgment and decree dated 28.07.2008. The said common judgment and decree is under challenge in these appeals.

3. These appeals being filed under Section 100 of the CPC, were admitted by this court by the order dated 22.09.2008. In RSA No. 55 of 2008, the following substantial question of law was framed :

“Whether once the court