JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. This Second Appeal has been preferred against the judgment and decree dated March 16, 2009 passed by learned Civil Judge (Senior Division) 2nd Court Contai, Purba Medinipur in Title Appeal No. 6 of 2007. By the impugned judgment the court below has set aside the decree dated 11th December, 2003 passed by the learned Additional Civil Judge (Junior Division) 1st Court Contai, Purba Medinipur in T.S. No. 46 of 2002.

2. Appellant herein Sri Tapan Kumar Maity filed aforesaid T.S. No. 46 of 2002 contending interalia that the “ka” schedule property to the plaint previously belonged to one Shiba Prasad Maity and he transferred the said property in favour of the plaintiff by deed of gift which was executed on 31.03.1968 and registered on 01.04.1968. The “A” schedule and the “B” schedule property to the plaint are part of aforesaid gifted “ka” schedule property. In the said suit plaintiff impleaded his own brother as defendant no.1 and his father as defendant no.2. Plaintiff contended that the defendant no.2 used to possess the said land which plaintiff owned by the aforesaid gift deed dated 31.03.1968, during the minority of the plaintiff but the plaintif