(1.) Heard learned counsel for the parties.
(2.) This Second Appeal has been preferred under section 100 of the Code of Civil Procedure, against the judgment and decree passed by Additional District Judge-V (FTC) dated 27.11.2009 in Title Appeal No. 68 of 1976- Title Appeal No. 01 of 2009 whereby and whereunder, learned Additional District Judge-V upheld the judgment and decree passed by 2nd Additional SubJudge Deoghar, dated 21.06.1976 in Title Suit No. 165 of 1967 and dismissed the appeal of the plaintiffs-appellants.
(3.) The plaintiffs, filed Title suit No. 165 of 1967 for partition of the suit land and the properties described in Schedule I, IIA, IID and III of the plaint by allotting legal and legitimate share of the plaintiffs and carving out separate takhta of the plaintiff by deputation of the Amin Commissioner and for final decree in accordance with the preliminary decree.