JUDGMENT :

1. This second appeal arises out of a judgment and decree of reversal passed by the lower appellate Court whereby the learned judge in First Appellate Court set aside the judgment and decree passed by the trial court in a suit for partition and permanent injunction.

2. One Monotosh Kumar Basu, predecessor-in-interest of the present appellant filed a suit for partition and permanent injunction against the defendant/appellant in the 1st Court of the learned Civil Judge (Senior Division) at Barasat which was registered as Title Suit No.171 of 2004. It was the case of the plaintiff that the father of the parties, namely, Srish Chandra Basu, since deceased, was the recorded owner of a piece of property mentioned in detail in schedule A to the plaint. By virtue of a registered deed of gift dated 15th March, 1976, the said Srish Chandra Basu transferred entire 'A' schedule property in equal share to the plaintiff and defendant. Both of them accepted the said gift and they are in joint possession of the said property. The plaintiff further pleaded that by virtue of a registered deed of sale, he and the defendant jointly purchased 2.5 decimal of land from one Ranu Bhattacharya on 1