JUDGMENT :

Partha Sarathi Chatterjee, J.

1. Judgment and decree dated 21st September, 2016 passed by the learned Civil Judge, Senior Division, 1st Court at Krishnagar, Nadia in Title Suit No. 112 of 2012, whereby the suit was decreed in preliminary form declaring the shares of the parties to the suit in respect of the properties delineated in Schedule –‘B’ appended to the plaint, are under challenge in the present appeal.

2. One Gobinda Biswas (in short, Gobinda) filed one suit for declaration with an alternative prayer for partition which was registered as Title Suit No. 112 of 2012. Facts spelt out in the plaint, which are germane, are as follows:

i) Property described in schedule-‘B’ was originally belonged to one Debendranath Banerjee, who by dint of one registered deed of sale transferred a demarcated portion from ‘B’ schedule property, which has been described in schedule ‘A’ appended to the plaint, to his son, Ashok @ Arjun Banerjee (in short, Ashok) annexing one map with the deed and that portion of property was duly mutated in name of Arjun in LR R-O-R and also in the assessment register of Krishnagar Municipality and Arjun paid rents to the competent authority;

ii) Ashok sold