(Per: HONOURABLE MR. JUSTICE VIJAYENDRA NATH)

1. Heard the learned counsel appearing for the appellant as well as for the respondents.

2. This appeal has been preferred against the judgment and decree dated 30-9-1986 passed by the Additional District Judge, Nawadah in T.A.No. 5/86/4 of 85 by which he has reversed the judgment and decree dated 22-12-1984 passed by Subordinate Judge, Nawadah in T.S.No. 95 of 1978. The parties in this appeal shall be henceforth referred by their rank in the title suit.

3. The plaintiff filed the suit for declaration of his title over the suit land fully described in Schedule IV of the plaint. The plaintiff’s case, in short, was that the common ancestor, Chaman Teli, had three sons, namely, Meghu Sao, Khero Sao and Chamari Sao, out of whom Meghu Sao died issueless. Khero Sao died leaving behind two sons, namely, Sanichar Sao and Nunu Sao, out of whom the branch of Nunu Sao became extinct. The third son, Chamari Sao, had left behind three sons, namely, Jagu Sao, Prasadi Sao and Bihari Sao. With regard to the lands of Chaman Teli, an amicable partition took place between the branches of Khero Sao and Chamari Sao in which Sanichar Sao and Nunu