MANDAL, J.

(1) This appeal is directed against the judgment and decree dated 31st August, 1991 passed by the learned Assistant District Judge, Ninth Court, Alipore, District South 24Parganas in Title Suit No.77 of 1984 whereby the learned Assistant District Judge has dismissed the suit.

(2) The short facts leading to the filing of the appeal are that defendant No.1/respondent No.1 herein became the owner of the suit property as described in the schedule of the plaint by way of a decree of partition. The plaintiff No.1/appellant No.1 herein is the wife of the defendant No.1 and they were issueless. They adopted the plaintiff No.2, nephew of the defendant No.1, as their son when the plaintiff No.2 was three/four days of age. The plaintiff No.2 was brought up by them. There was a partnership firm between the plaintiff No.2 and the defendant No.1 under the name and style of National Brick Works and a partnership deed was created to the effect that the plaintiff No.1 would get 25%, the plaintiff No.2 would get 50% and the defendant No.1 would get 25%. On 25.07.1983 the defendant No.1 made an oral gift in respect of the suit property in favour of the plaintiffs and subsequently