1. These appeals were first heard by a Division Bench consisting of K. C. Das Gupta, J. and B. K. Guha, J. On the 18th September, 1958, the Division Bench referred certain questions of law to a Full Bench for determination. When the matter came up before the Full Bench, the reference was found to be incompetent on the ground that the whole case had not been referred. The Full Bench sent the case back to the Division Bench by its order of the 30th April, 1962. The appeals then came up before another Division Bench presided over by Banerjee, J. sitting with D. Basu, J. The Second Division Bench has referred the entire case in the three appeals to the Full Bench under Chapter VII, R.2 of the Appellate Side Rules including the questions of law that were referred by the previous Division Bench.

2. The facts are that on October 4, 1953, Jwala Prosad Sharma and