JUDGMENT :

Biswajit Basu, J.

1. The instant second appeal is at the instance of the plaintiff in a suit for partition and declaration of title and is directed against the appellate decree dated August 31, 2010 passed by the learned Additional District Judge, Fast Track-3rd Court, Paschim Medinipur in Title Appeal No. 30 of 2009 thereby reversing the judgment and decree dated March 17, 2009 and March 26, 2009 respectively passed by the 1st Court of Learned Civil Judge(Junior Division), Paschim Medinipur in Title Suit No. 128 of 2003.

2. The summary the plaint case of the connected suit is that the defendant no. 2 is the elder brother of the plaintiff and by a registered deed of conveyance dated April 02, 1986, they jointly purchased 2 decimals of land in suit plot no. 170 under Mouza-Lutunia, District – Paschim Medinipur, (the ‘suit property’ in short) from one Basudev Patra, who filed a suit against both the brothers. The plaintiff on February 03, 1989, executed a registered power of attorney (POA in short) thereby authorised his said elder brother to represent him in the said suit during his absence from the village. The plaintiff, noticing some adverse action of his elder brother, r