INDRAJIT CHATTERJEE,J. - (1.) This second appeal has been preferred by the plaintiff- respondent as against the order of the learned First Additional District Judge,
(2.) Howrah in Title Appeal No. 59 of 2004 in which the learned First Appellate Court was pleased to reverse the judgment and decree dated 31st January, 2004 as passed by the learned Civil Judge (Senior Division), Uluberia, in Title Suit No. 8 of 2000. On Scrutiny of the judgment and decree of the First Appellate Court it appears that actually the said appeal was disposed of not by the First Additional District Judge, Howrah, but it was actually disposed of by the Additional District Judge, 4th Court, Howrah. This defect will be cured after this judgment is pronounced and the judgment and decree of the First Appellate Court is to be corrected. The cause title of the appeal and the relevant registers of this court is also to be rectified.
(3.) The fact relevant for the purpose of adjudication of this appeal can be stated in brief, thus, that the suit property originally belonged to Tulsi Charan Ghosh, that is the predecessor in interest of the appellant. Tulsi Charan Ghosh had two wives Sankari Bala and Nihar Bala. Sankari Bala gave birth of two sons that is Arun Kr. Ghosh and another, Dr. Kashinath Ghosh. This Arun Kr. Ghosh being the step-brother is the defendant -respondent. This appellant Kartick is the son of Tulsi and Niharbala, 2nd wife of Tulsi. Tulsi Charan Ghosh executed a registered deed of gift in favour of his second wife Nihar Bala by creating a trust with direction upon her to divide the properties between her two issues that is Kartik Chandra Ghosh (appellant) and Pratima Dhole (the daughter). The said deed was executed and registered on 20th February, 1982 (exhibit 5). In that deed it was recited why Tulsi Charan Ghosh deprived his other legal heirs in respect of the suit property. The plaintiff further claimed that while giving birth to her daughter Nihar Bala became blind. It was also the case of the plaintiff that Pratima Dhole after her marriage gifted her share in respect of the suit holding in favour of Kartik Chandra Ghosh, his full brother, by a registered deed of gift dated 13.09.1999. Niharbala died on or about 1989. It was further case of the plaintiff that Arun Chandra Ghosh, son of Tulsi through the first wife Sankari requested the appellant Kartik to accommodate him temporarily for some time in the year 1994 as he had to leave his rented accommodation. He further agreed that he will vacate the premises as early as possible on getting any rented accommodation. ;