IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Sugato Majumdar SA 57 of 2013 With IA NO: CAN 1 of 2013 (Old No: CAN 2642 of 2013)

CAN 2 of 2023 CAN 3 of 2025 Basudev Dhang Vs Joydev Dhang For the Plaintiff : Mr. Sukumar Bhattacharyya, Adv.

Ms. Piyali Shaw, Adv.

Ms. Oindrila Chatterjee, Adv.

Ms. Puja Sarkar, Adv.

Ms. Subhangi Bhattacharya, Adv.

For the Defendant : Mr. Subhash Chandra Sarkar, Adv.

Hearing concluded on : 12.05.2026 Judgment on : 19.05.2026 Sugato Majumdar, J :

The instant Second Appeal was filed against the judgment and decree passed by the First Appellate Court dated 18/02/2010 being the Additional District Judge, Fast Track 2^nd Court, Howrah in Title Appeal No. 125 of 2006.

The plaint case in nutshell is that the Appellant/Plaintiff and the Respondent/Defendant are brothers. The paternal aunt of the parties herein intended to gift her property to both the brothers. However, she executed a gift deed only in favour of the Respondent/Defendant being the elder brother though the property was treated as a joint property. The Appellant/Plaintiff became the owner of the property in Schedule-A within holding no. 47/4 (part), pr