(1.) Both the appeals arise out of a common judgment and decree both dated 1 st of October, 1991 passed by learned Assistant District Judge, 3 rd Court District Midnapur in Title Appeal No.429 of 1986. The plaintiff Radha Ranjan Das (since deceased) is the appellant in S. A. 133 of 1994. Proforma defendant Nos. 2 and 3 Nirmal Kumar Das and Kshudiram Das are the appellants in S. A. No.134 of 1994.
(2.) The plaintiff Radha Ranjan Das filed a suit being Title Suit No.171 of 1982 in the Court of learned Munsif, 2 nd Court at Tamluk district Midnapur with the following averments:-
(3.) Respondent defendant No.1 Ashok Kumar Das contested said suit by filing a written statement alleging as follows:-