This is a defendants appeal against a judgment and decree passed by the Additional District Judge, 3rd Court, Midnapore, confirming a decree of

declaration of title and permanent, injunction passed by the Second Court of Munsif, Tamluk. The plaintiffs respondents filed a suit for declaration of title and permanent injunction in respect of certain land which they claimed to have inherited from their mother. The defendants appellants on the other hand claimed their title on the basis of a deed of gift executed long ago by the plaintiff's maternal grandfather. Before stating the facts the following genealogy may be looked into as it would facilitate to understood the facts clearly.

Narayan Ch. Dhara

Haricharan purnima (died in 1333 B.S.) Parameswar

(d. in 1371 B.S.)

Kuntibala (d. 1347 B.S.) Baradamoyee Tarendra Surendra

Kiranbala D.3

Jamuna Rasbmoni Menoka Gour hari Amulya Satyacharan

Pl.2 D.1359B.S. D.1356 B.S. Pl.1 D.1 D.2

2. The disputed property originally belonged to Haricharan. He gifted this property along with other properties to his brother's son Surendra by a registered deed dated 12.7.25. The most essential conditions of this deed, of gift were as fol