P.K.Deb, J.

1. This appeal has been preferred by the above named defendant-appellant against the judgment and decree dated 11.10.1982 passed by Shri Jhouri Prasad Paul, the then 2nd Additional Subordinate Judge, Palamau in Title Suit No. 120 of 1981, whereby the plaintiffs-respondents suit has been decreed.

2. The facts of the case run in narrow compass.

The suit land consist of 19.86 acres of land appertaining to khata No. 98 of village Danda Tola Kajarma within Garhwa P.S. District-Palamu. Thakur Mallah was the original occupancy raiyat and in the survey settlement in the year 1916-17 for the Palamau area, record of rights were created in the name of Thakur Mallah. Thakur Mallah, the original raiyat had two sons namely Somaru Mallah and Sita Mallah. Both the sons predeceased Thakur Mallah. Somaru Mallah has one son Deoki Mallah who happens to be the sole defendant-appellant in the case while Sita Mallah the youngest son of Thakur Mallah had three sons, who are the plaintiffs-respondents. According to the plaintiffs, during the life time of Thakur Mallah and before survey settlement, Somaru Mallah was separated and he was given his share of properties and Thakur Mallah and