Shah, J. - (1.) These appeals against the judgment by the High Court of Calcutta modifying the decrees passed in three suits Nos. 42 of 1955, 43 of 1955 and 56 of 1955 on the file of the 5th Subordinate Judge, Alipur, raise a common question. The appeals have been filed with certificate granted by the High Court.
(2.) One Aghore Nath Chatterjee a Hindu governed by the Dayabhaga school of Hindu Law dies in 1908 leaving him surviving four sons-Debendra, Nagendra, Probodh and Makhan. His estate which consisted of a house at Dakhineswar, P. S. Baranagore, and an agricultural land recorded as No. 488 C. S. Dag 1695/1819 was inherited by his sons in equal shares. Debendra dies leaving him surviving his widow and a daughter. Nagendra died leaving him surviving a son Dashrathi. Probodh and Makhan were alive at the date when the suits out of which these appeals arise commenced. Makhan was married to Suhasini and he had four sons - the eldest being Sankar.
(3.) The shares owned by the four brothers in the estate of Aghore Nath were transferred by several deeds. They are set out in chronological sequence: (1) On March 3, 1936 Makhan executed a sale deed of his one-fourth shares in the house and the land in favour of his brother Probodh, for a consideration of Rs. 1,999; (2) Shortly thereafter Dashrathi son of Nagendra transferred his one-fourth share in the house and the land to one Sanat; (3) On October 7, 1941 Probodh sold his one-fourth share to Suhasini wife of Makhan in the house and the land; (4) On September 21, 1942 Debendra's widow and daughter sold their one-fourth share in the house and the land to Suhasini; (5) On October 6, 1950 Sanat who had purchased the share of Dashrathi sold it to Probodh; (6) On April 7, 1955 Probodh gifted his one-fourth share in the house and the land to Sankar; (7) On December 5, 1956 Probodh gifted another one-fourth share in the house to Sankar. ;