N.N. Tiwari, J. - (1.) This second appeal is against the judgment and decree passed in Title Appeal No. 11 of 1995 by learned Additional District Judge. Fast Track Court-I, Gumla reversing the judgment and decree passed by learned Sub-Judge-III, Gumla, whereby the plaintiffs' suit praying partition of their half share was dismissed.
(2.) The plaintiffs' case was that the C.S. Khata No. 61 of village Asani. P.S. & District Gumla was recorded in the name of Madho Pahan and Loteya Oraon, having equal share. The said C.S. Khata No. 61 corresponded to R.S. Khata No. 112. It has been stated that after the death of Madho Pahan, his son Birwa Pahan had inherited the land jointly with Loteya Oraon. Birwa Pahan died before the Revisional Survey leaving behind three sons, who were minor at the time of Revisional Survey Operation Taking undue advantage of the minority of the sons of Birwa Pahan, said Loteya Oraon got the land of corresponding R.S. Khata No. 112 recorded exclusively in his name. The said land was jointly inherited by the descendant of the common ancestor of the parties and there has been unity of title and possession between them. The plaintiffs had half share in the property demanded partition, but the same was refused by the defendants, which gave rise to the cause of action for the suit.
(3.) The defendants contested the suit denying unity of title and possession between the parties. It was stated that the land of C.S. Khata No. 61 did not correspond to R.S. Khata No. 112 and the genealogy and relationship shown in the plaint were not correct. The plaintiffs have got no concern with the family and the properties of the defendants including the suit land of R.S. Khata No. 112.;