Tarun Kumar Gupta, J.

1. THIS appeal is directed against judgment and decree dated 27th April, 2004 passed by learned Fast Track Court, Sealdah, in Title Appeal No.01 of 2001 affirming the judgment and decree dated 19.09.2000 passed by learned Civil Judge (Junior Division) at Sealdah in Title Suit No. 128 of 1986.

2. BEING aggrieved and dissatisfied with said judgment of confirmation the plaintiff/appellant has preferred this Second Appeal. The case of the appellant/plaintiff, in short, is that he was adopted by Jawaharlal Shaw as his son in or about 1940 and that Jawaharlal Shaw died intestate in 1960. After the death of Jawaharlal Shaw the appellant/plaintiff became absolute owner of the properties including the suit properties left behind by Jawaharlal Shaw and the defendants being nephew of Jawaharlal Shaw had no right, title or interest over the properties of Jawaharlal Shaw. The defendants tried to dispossess the plaintiff from the suit property and that on that score appellant/plaintiff filed the said Title Suit being No.128 of 1986.

Defendant No.4 Manoj Kumar Barman filed written statement admitting the claim of the plaintiff but he did not take part in any way in t