S. Talapatra, J.

Against the concurrent findings of fact returned by the Addl. District Judge, West Tripura, Agartala, Court No.3 in Title Appeal No.42 of 2006 this appeal, under Section 100 of the CPC, questions the legality of the judgment and decree dated 23.05.2007. While admitting the appeal, by the order dated 07.09.2007 the following substantial questions of law were formulated for consideration.

"(i) Whether the life estate of Sagari under the Provisions of Hindu Womens Right to Property Act, 1937 did not extend to the B scheduled land, whether the decision of the learned courts below in respect of Issue No.(iv) is correct holding that Sagari acquired transferable right over the B scheduled land by partition?

(ii) Is the decision of the Ld. Courts below in respect of issue No.(ii) is sustainable in law as to the admissibility of the unregistered deeds of family settlement dated 4th Chaitra 1377 B.S. marked as Ext.7 & 8 in evidence."

2. The fact relevant for appreciation may briefly be laid at the outset.

The plaintiff, Subal Bhowmik instituted the suit for declaration of title for the properties in Schedule-B, for partition of properties described in Schedule-C.1 and recovery of possession his share and for perpetual injunction over the properties described in the Schedule-C.1 of the plaint.

The plaintiffs grand-father namely Kailash Kapali of Nischintapur was the owner in possession of a large tract of land ad measuring 15.89 acres of Nal, Charra and Viti class of land. He had four sons namely Murari, Alanga, Mukunda and Baikuntha. Of them, Murari died before the death of Kailash Kapali leaving his wife Sagari Kapali and only daughter Hemanta Bala Kapali. Hemanta Bala Kapali subsequently died leaving behind her only son, Gopal Chandra Bhowmik. After death of Kailash, the properties left by him was amicably partitioned among the three surviving sons and Sagari Kapali, widow of deceased son, Murari by executing the memoranda of the family settlement denoting partition on 4th Chaitra, 1377 BS. Through these memoranda, each of the heirs of Kailash Kapali got, according to the plaint, their definite shares of property and the delivery of their plots for purpose of possession was also complete simultaneously. As is evident that the said memoranda so effected, four chhaham Nos.1, 2, 3 & 4 fell respectively in the shares of Alanga, Mukunda, Baikuntha and Sagari. The memoranda of the family settlement are the records of specific land falling in the share of each co-sharers and the fact of delivery of possession.

Alanga Kapali had two sons namely Tarani and Tarini Kapali. Baikuntha Kapali had six sons namely Subal Kapali i.e. the plaintiff and Sukumar Kapali, Dilip Kapali, Dulal Kapali and Amrit Lal Kapali, i.e. the defendants No.1 to 4. He had another son namely Rajkumar Bhowmik, since he was predeceased, his son Mithan Bhowmik and daughter Gouri Bhowmik have been impleaded as the defendant Nos.5 and 6. All the sons of Baikuntha Kapali subsequently changed their surname from Kapali to Bhowmik. The share of Sagari Kapali in chhaham No.4 was to the extent of 13 (thirteen) kanies (four) gandas 3 (three) karas and 1 (one) kranta. This land is described in Schedule A of the plaint.

Out of love and affection to the plaintiff namely Subal Bhowmik, Sagari Kapali gifted eight kanies eight gandas three karas two krantas of nal and chara land with specific boundaries by a gift deed executed on 28.02.1980 and gave delivery of possession. This land is described in the schedule B. Subsequently, the plaintiff mutated his name over the gifted land and Khatian No.1391 was created. The mutated land however admeasures 7 (seven) kanies (five) gandas 1 (one) kara 1 (one) kranta and 8 (eight) dhurs corresponding to 2.84 acres. This land is described in the Schedule "C" of the plaint. Similarly, Sagari also made gift deed for 5 (five) kanies and odd nal land in favour of Tarini and Tarani executing a gift deed on the same date i.e. 28.02.1980.

Afte