POKHAN YADAV Vs. PARMESHWAR YADAV

JUDGEMENT

(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.

(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.