ARIJIT PASAYAT, J.

( 1 ) HE who says what is mine is yours and what is yous is yours is a saint. He says, what is your is mine and what is mine is mine is a wicked man", says Babylanian Telmud (Aboth V ). The principal characters involved in this unfortunate family dispute are brother and sister, giving a lie to the saying blood in thicker than water. Bone of controversy revolves round a building standing on AC 0. 64 decimals of land claimed to have been gifted by Sita Devi, mother of Bimelendu (plaintiff No. 1), Sanjukta and Sakuntala (defendant Nos. 1 and 2) and mother-in-law of Niharika (plaintiff No. 2) who are respondent No. 1, appellant, respondent No. 3 and respondent No. 2 respectively in this appeal.

( 2 ) A brief reference to the factual position would suffice. Suit property described in Schedule B of the plaint originally belonged to one Ganesh Chandra who executed a registered permanent lease deed dated 11-4-1944 in favour of aforesaid Sita Devi in respect of the same, along with other properties forming a compact book measuring Ac. O. 238 decimals. At the time of execution of the said lease deed, no building was standing on any part of the property. On 24l2-1962 she e