M.Y. Eqbal, J.

1. This appeal by the plaintiffs/appellants is directed against the judgment and decree dated 11 th December, 1989 passed by 4 th Additional District Judge, Palamau in Title Appeal No. 32 of 1987 whereby he has dismissed the appeal and confirmed the judgment and decree dated 25 th August, 1987 passed by Sub-Judge, Garhwa at Palamau in Title Suit No. 124 of 1981.

2. Plaintiffs filed aforesaid Title Suit No. 124/81 for declaration that the suit land is raiyati land of the plaintiff and the sale deed executed by defendant Nos. 2 and 3 in favour of defendant No. 1 has not affected the right title and interest of the plaintiff in respect of the suit land.

3. It appears from the pleadings of the parties that one Dhautal Kahar was common ancestor of both the plaintiff and the defendants except defendant No. 1. Dhautal Kahar died in 1920 leaving behind three sons Fakira Kahar, Jagira Kahar and Jagan Kahar. Plaintiff is the son of Fakira Kahar, whereas defendant Nos. 2 to 4 are the sons of Jakira Kahar. One of the sons of Jakira Kahar, namely, Monki Kahar died unmarried. Plaintiffs case is that all the landed property of different khatas were held, possessed and jointly