- (1.) This Second Appeal is directed against the judgment and decree dated 17th November, 1994 passed by the Ld. Assistant District Court at Baruipur in Title Appeal No. 58 of 1992 affirming the judgment and decree dated 31st August, 1992 passed by the Ld. 2nd Munsif, Baruipur in Title Suit No. 223 of 1981.
(2.) Dr. Indrajit Mondal, Ld. Senior Counsel appears for the appellants, who are the successors-in-interest to the defendants in the suit. Shri Jiban Ratan Chatterjee, Ld. Senior Counsel appears for the respondent nos. 1 & 2- plaintiffs in the suit. Shri Biswaranjan Bhakat, Ld. Counsel appears for the other respondents-plaintiffs.
(3.) The appeal was admitted on the following grounds:- ii) For that the Ld. Judge erred in law in not declaring the Deed of Partition dated 23rd December, 1974 (Exbt. 4) as void as all the interested parties were not made parties properly in that Deed. x) For that the Ld. Judge erred in law in holding that the share acquired by Gazendra by preemption is not proved by the defendant.;