- (1.) The instant appeal is directed against the judgment and decree dated 27th October, 2006 passed in Title Suit No. 194 of 2000 by the Civil Judge (Senior Division), Baruipur, South 24-Parganas.
(2.) The Chronology of the case leading to the instant appeal is that the suit property comprising 10 Cottahs10 Chittacks and 11 sq. ft. of land with a pucca two-storied building standing thereon, was purchased by Nalini Ranjan Das, Dr. Chinmoy Das, Pijush Ranjan Das, Nirmalya Renu Das, and Gita Das (nee Saha).
(3.) Nalini Ranjan Das, died intested as a bachelor on 10.10.1983. Thus, the aforesaid two brothers and two sisters inherited 1/4th share each. By a Registered Deed of Gift dated 21.09.2000 Kumari Nirmalya Renu Das gifted undivided 1/4th share in the suit property to the Plaintiff No. 2 and thereby Plaintiff No. 2 acquired 1/2 share therein. The parties are in joint possession and enjoyment of the suit property. Since sometimes past the plaintiffs have been facing various troubles in peaceful occupation and enjoyment of the suit property jointly with the defendants, the plaintiffs requested the defendants to effect amicable partition of the suit property by metes and bounds but the defendants paid no heed to the said request. Hence, the suit for partition and for separate possession was filed.;