TOUFIQUE UDDIN, J. :

This appeal arose out of judgment and decree passed by the learned Additional District & Sessions Judge, 6th Court, Midnapore on 27.1.89 in other Appeal No. 120 of 1988 thereby reversing the judgment and decree passed by the learned Assistant District Judge, 1st Court, Midnapore dated 15.4.88 in other suit No. 169 of 1979. During pendency of the appeal some of concerned persons died and their legal heirs have duly been substituted and brought on record.

2. In the background of this appeal the fact in a nutshell is that there was a suit for specific performance of contract for sale. The suit land alongwith other lands measuring 86 decimals as described fully in the Schedule to the plaint previously belonging to Hijli Cooperative Society Ltd. was settled to defendant No. 1 Rabindra Kumar Ghosh and his elder brother Birendra Kumar Ghosh by a registered deed of settlement being No. 1764 dated 19.4.50. The defendant nos. 1 and 2 while in possession jointly, there was a partition between them and the suit land fell to the share of defendant No.1. By virtue of that partition he became exclusive owner of the property. He is a dealer of the M.R. Shop and ha