( 1 ) THE hearing stems from an application under Article 227 of the Constitution of India filed by the petitioner praying for revision of the order dated 28. 06. 2005 passed by the learned Additional District Judge, Second Court, Maldah in Misc. Appeal 26/2003 setting aside the order being No. 8 dated 28. 10. 2003 passed by the learned Civil Judge (Jr. Div.), First Court, Maldah in O. C. Suit No. 141/03.

( 2 ) THE circumstances leading to the above application are that the petitioner's father Bibhuti Bhusan Das and his two brothers Bhupati Bhusan das and Manindra Mohan Das were joint owners of 1/3rd share each of a bastu land appertaining to R. S. Plot No. 1389, Khatian No. 341, Mouza Phulbari, P. S. English Bazar, Maldah, as described in schedule 'ka'. Bhupati died leaving behind four sons. The land was partitioned amongst Bibhuti, Manindra and the said legal heirs of Bhupati by a registered deed of partition dated 27. 2. 91, and 0330 sahasrangsha, as described in schedule 'kha', fell in the share of Bibhuti who constructed a dwelling house thereon and gifted 100 sahasrangsha each to his two sons i. e. the petitioner and Pro-O. P. No. 2 by two deeds dated