Indrajit Chatterjee, J.

This is a battle between a divorced couple. The wife filed Title Suit No. 134 of 1987 before the learned Assistant District Judge, 1st Court, South 24 Parganas at Alipore within the district of 24-Parganas (South) with a prayer for eviction and recovery of khas possession The specific case of the plaintiff as made out in the plaint so far as it is relevant for the purpose of adjudication of this second appeal may be summarised thus:-

2. That the marriage between the plaintiff and the defendant took place on 30th January, 1964. By two registered deeds of conveyance - both dated 16-01-1979, one executed by Muralidhar Jindal as vendor and the other executed by Smt. Kamala Jindal as vendor the plaintiff purchased two undivided one half share of flat no. 5, 4th floor, "Jindal house" at premises no. 8A, Alipore Road, P.S. Alipore, Kolkata and thus, the plaintiff became the absolute owner in respect of that portion of the property including the common area, like the stair case etc.

3. The consideration money was Rs.1,75,000/-. It is also the positive case of the plaintiff/appellant that she purchased the property from her own fund. Thereafter, the marriage b