Hiranmay Bhattacharyya, J. - (1.) The defendant No. 1 has preferred the instant appeal challenging the judgement and decree dated 20.6.2013 passed by the learned Civil Judge, Senior Division, First Additional Court at Burdwan in Title Suit No. 11 of 2011.
(2.) The respondent No. 1 filed a suit for partition and for separation of shares claiming 1/3rd share in the suit properties. It is the case of the plaintiff that the schedule property belonged to one Sanat Kumar Chattopadhyay who was the father of the plaintiff and the defendant No. 1 and the husband of the defendant No. 2. The said Sanat Kumar Chattopadhyay died on 18.10.2009 leaving behind him surviving his two sons and the widow as his only heirs, heiresses and legal representatives. Upon the death of the said Sanat Kumar Chattopadhyay, the suit properties devolved upon his sons and the widow each having 1/3rd share in the said property. After the death of the said Sanat Kumar Chattopadhyay, disputes and differences cropped up between his heirs and heiress, and the plaintiff faced difficulties in ejmal possession of the suit properties. The proposal for partition made by the plaintiff was refused by the defendant No. 1. Finding no other alternative the plaintiff instituted the instant suit.
(3.) The defendant no. 1 contested the suit by filing a written statement denying the allegations contained in the plaint. It was specifically contended by the defendant No. 1 in the written statement that his father Sanat Kumar Chattopadhyay, since deceased transferred his share in the plot being Dag No. 2319 measuring about 68 decimals in favour of the defendant No. 1 by executing a registered Deed of Gift dated 15.9.2008 and delivered possession of the same in favour of the defendant No. 1.;