JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved and dissatisfied with the judgment and decree dated 31.05.2013 passed by Additional District Judge, 1st Court Alipore, in TA 247 of 2002 present second appeal has been preferred. By the impugned judgment learned court below has set aside the final decree passed by Civil Judge (Senior Division) 2nd Court, Alipore, in T.S. No. 149 of 1978.

2. The instant suit is a suit for partition and settlement of accounts. Plaintiffs case in a nutshell is that plaintiffs are the legal heirs of deceased Habibullah Laskar. Said Habibullah died leaving behind 6 sons and daughters. Said deceased Habibullah had residential house and land at Mouza Hatiara as mentioned in the schedule to the plaint. The plaintiffs and the defendants are the great grandsons of the original owner. Subsequently some parties purchased the property of other co-sharers. Defendant no.35 of the said suit namely Sahanabi Laskar transferred some of his shares in the property in question in favour of Ashraf Ali being the plaintiff no.3 by a deed dated 05.01.1959. Subsequently the plaintiff no. 3, 4 and 5 and the defendant no 43 being the wife of Ashraf Ali Laskar purchased 2 cott