( 1 ) THE present second appeal is directed against the judgment and decree, by which the learned first appellate Court allowed the appeal and set aside the judgment and decree passed by the trial Court and judgment was passed on 23. 12. 1988 by the Assistant District Judge, Addl. Court, Burdwan in T. A. 5/88.

( 2 ) IN a nutshel, the facts and circumstances leading to the present second appeal are as hereunder :-the plaintiffs/appellants brought a suit alleging, inter alia, that the suit property originally belonged to Raj Ballav Dutta. Raj Ballav Dutta had also big debottar estate and he had three sons, namely, Hari Prosad Dutta, Radhika Prosad Dutta and Bishnuprasad Dutta. At the time of death of Raj Ballav, Bishnuprasad, the father of the plaintiff was minor and the other two brothers Radhika Prasad and Hari Prasad used to look after the Debottar Estate. According to the allegation they committed various acts of mismanagement in respect of debottar estate and incurred a heavy loan by mortgaging debottar estate. In this background, Bishnuprasad with a view to protecting the secular property from the clutches of the creditors, executed a deed of gift in respect o