Ramendra Nath Dutt, J. - (1.)The Appellant is the brother. The Respondent is his sister. The Respondent as the Plaintiff filed the instant suit for partition against the Appellant as Defendant.
(2.)The Plaintiff's case was as follows:
One Gobinda Chandra Seal was the owner of the disputed lands. . He died leaving behind his widow Tarangini, one son the Defendant, and two daughters, namely the Plaintiff and Satyabala. Tarangini inherited 8 as. share after the death of Gobinda and, subsequently, she made a deed of gift of the same in favour of the Plaintiff. The Plaintiff was, therefore, entitled to 8 as. share in the disputed lands. There was no amicable partition. Hence, the suit.

(3.)The Defendant contested the suit. His defence was that he was the 16 as. owner of the disputed lands. The learned Munsif found that the Plaintiff had 8 as. share and so he decreed the suit in preliminary form. The Defendant preferred an appeal, but the appeal was dismissed. He preferred this second appeal.