Chandra Narayan Laik, J. - (1.) These are the five appeals heard together by consent of parties. Common question of law and fact arises in them.
(2.) The first one is F.A. No. 270 of 1959 which arose out of a suit for partition of C.S. Plot No. 1817 in mourn Ranaghat within the Ranaghat Municipality. Ghataks were admittedly the owners of the property. On August 24, 1943, the Plaintiff Loharam purchased an undivided share from one of the co -sharers, viz. Sushil. On November 1, 1.945, another co -sharer Subhash Ghatak sold out his undivided share to Sarbeswar Ghatak who is the Defendant in all these suits. On January 16, 1946, Loharam brought the suit for partition. On December 19, 1946, a preliminary decree for partition was passed. On August 7, 1947, the final decree was passed accepting the Commissioner's report. Allotment was made thereon.
(3.) An appeal was taken against the final decree to this Court by the Defendants Nos. 1, 2, 3 and 6, viz. Bisseswar, Nepal, Purna and Sarbeswar. On August 13, 1949, Nepal, the Defendant No. 2, sold his share to Aswini and Amarendra, hereinafter referred to as 'Dasses'. They were added as Appellants. On August 5, 1950 and during the pendency of the appeals in this Court, Sarbeswar obtained two leases, one from the Dasses and the other from Purna, the period of which was only for six years. On June 9, 1952, the appeal was decided. The final decree was set aside. The case was remitted back to the trial Court with direction to issue a fresh commission to another Commissioner with certain other directions. On March 7, 1953, the new Commissioner submitted his report. He maintained the same allotments after giving reasons therefor. However, he made certain changes as regards the payment of the owelty money. Against this report, the Defendants Nos. 1 and 6 (Bisseswar and Sarbeswar) filed objections. On April 8, 1953, by order No. 106 the trial Court overruled those objections, accepted the Commissioner's report and directed that the final decree be passed in accordance with the report. In January/February 1954, Bisseswar died.;