(1.) These two cases are connected together. The earlier one, F.A. No. 433 of 1921, ought strictly speaking to be decided first, but in view of the facts we are about to set out we consider it expedient to dispose first of F.A. No. 86 of 1923. The record in that case has not been printed. We were of opinion that it was unnecessary to have this done in view of the decision at which we are about to arrive.
(2.) Before we proceed to deal with the questions which arise for determination before us, it is necessary to set out a number of facts which will have to be referred to hereafter.
(3.) We are concerned in these two cases with certain items of property which belonged to a Bengali gentleman named Kail ash Ghandar Bhattaoharji.