JUDGMENT :

Partha Sarathi Chatterjee, J.

1. Legality and propriety of the judgment and decree dated 19th April, 2018 passed by the learned Civil Judge, Senior Division, 2nd Court, Barasat, North 24 Parganas are under challenge in this appeal.

2. By the judgment and decree impugned, the suit for partition was decreed in preliminary form and parties to the suit were declared to be the owners of 1/3rd share each in the suit property and counter-claim filed by the defendant no.1 was dismissed.

3. Capsulated form of the facts leading to this appeal is that plaintiff filed one suit for partition and separate possession in respect of the suit property. Facts depicted in the plaint, in brief, are as follows :

i. One Gopal Chandra Karmakar, since deceased, purchased the suit property from Government of West Bengal by virtue of a registered deed of sale vide. no. 4773 of 1972 and thereafter, Mr. Karmakar constructed a two-storied building thereon;

ii. By virtue of a deed of gift vide. no. 6066 of 1972, the suit property was gifted to Gour Hari Karmakar being the son of the Gopal Chandra Karmakar. Gopal Chandra Karmakar expired on 21.8.1973;

iii. Gour Hari died intestate on 21.12.2010 leaving behind