NARENDRA NATH TIWARI, J. - (1.) THIS second appeal is against the judgment and decree of learned Additional District Judge, FTC - III, Hazaribag passed in Title Appeal No. 15 of 2004 whereby said learned lower appellate court has affirmed the judgment and decree dated 25.3.2004 passed by learned Sub -Judge V in P.S. No. 49/1991 and dismissed the appeal. The defendants are the appellants appellants.
(2.) THE plaintiffs had filed the suit seeking a decree for partition of their half share in the suit land appertaining to Khata Nos. 21, 31 and 39 of village Karkato, P.S. Bagodar (now P.S. Bishnugarh), District Hazaribag. The case of the plaintiffs was that those lands were reclaimed by their common ancestors namely Gurudayal. However, he got the land recorded in the name of different persons in the survey settlement operation. Land of Khata No. 21 was recorded in the name of Gurudayal, whereas land of Khata No. 31 was recorded in the name of Nehal, one of his sons and Khata No. 39 was recorded in the name of Bitlu, the other son of Gurudayal, After the death of Gurudayal his four sons namely Bitlu, Nehal, Harlal and Chetlal had jointly inherited the said property. Nehal and Chetlal died issueless. Bitlu died leaving behind his one son Jodha. Harlal died leaving behind his son Tulsi. The sons of Tulsi are the plaintiffs and sons of Jodha are the defendants. They have inherited the said property jointly and they are in continuous joint possession of the same. The plaintiffs claim their half share in the property.
(3.) THE defendants contested the plaintiffs claim. It was, inter -alia, stated that there was partition in the family earlier and after the partition the land of Khata No. 39 was acquired by Bitlu and he was the absolute owner of the suit land appertaining to Khata No. 39. The further case was that there was no unity of title and possession in the said land and the plaintiffs had no share much less half share as claimed by them.;