Sunil Dutta Mishra, J. – Heard learned counsel for the parties.

2. This Second Appeal has been filed by the appellant against the judgment and decree dated 25.02.2005 passed by learned Additional District Judge, F.T.C – II, Kaimur at Bhabhua in T.A. No. 39/98 (40/04) affirming the judgment and decree dated 09.02.1998 passed by learned Sub-Judge-I, Bhabhua in T.S. No. 87/1994 whereby the suit filed on behalf of Appellant/Plaintiff was dismissed on contest.

3. The appellant was plaintiff in the suit. The plaintiffappellant had filed the suit for declaration of his right and title over the suit land and that the original defendant (now represented through his heirs/respondents) has no concern with the suit land and that the defendant’s interference in the suit land is illegal.

4. The case of appellant/plaintiff in brief is that Khata No. 159, plot No. 2222 and 2223 belongs to the father of plaintiff which were bifurcated in two parts by Surara Canal which passes through these plots. The father of the plaintiff sold lands to many persons and only 12 Decimal of sahan land adjacent east to canal was left to him out of which he sold 6¾ Decimal of lands towards east to the defendant on 23.11.