JUDGMENT :

SOUMEN SEN, J.

1. The appeal and cross appeal are arising out of a preliminary decree passed in a partition suit filed by one Charan Kumar Chabria.

2. The subject matter of the partition suit is a property situated at 34/1Y, Ballygung Circular Road, Kolkata-700 019 morefully described in schedule ‘A’ of the plaint.

3. The property belongs to Charan Kumar Chabria and Shri Karan Chabria. Admittedly they were joint owners of the property in question each having 50% shares in the property until a deed of gift was executed in favour of defendant no. 1 and 2. The basis of the partition suit appears to be certain mis-declaration in the deed of gift executed by Karan Chabria in favour of defendant no. 1 and 2 exclusively allotting 1st floor in favour of defendant no. 1 and 2nd floor in favour of defendant no. 2.

4. In the plaint, it was contended that as the suit property has not been partitioned by meets and bounds between the plaintiff and the defendant no. 3, the defendant no. 3 had no right to purportedly transfer entire 1st floor and entire 2nd floor by way of gift in the manner as mentioned in the deed of gift in favour of the defendant no. 1 and 2. Consequently on the basis of