VISHNUDEO NARAYAN, J.

( 1 ) THIS appeal at the instance of the defendants appellant has been directed against the impugned judgment and decree of affirmation dated 9-9-1989 and 18-8-1989 respectively passed in Title Appeal no. 16 of 1981 by Shri P. Xaxa. 1st Additional District Judge. Singhbhum at Chaibasa whereby and whereunder the judgment dated 25-5-1981 passed in Title Suit No. 33 of 1980 by Subordinate Judge, Singhbhum, chaibasa decreeing the suit was affirmed and the said appeal was dismissed.

( 2 ) THE plaintiffs respondent have filed the said title suit for metes and bounds partition of the suit property detailed in Schedule B of the plaint claiming half share therein and for carving out a separate takhta of their half share by appointing a competent Commissioner.

( 3 ) THE case of the plaintiffs respondent, in brief, is that parties to the suit are descendants of their common ancestor Bhaktu manjhi deceased who died leaving behind his two sons, namely, Jhuttu Manjhi and baya Manjhi. Said Baya Manjhi died in the month of May, 1973in the state of jointness with his brother Jhuttu Manjhi leaving behind his two sons, namely, Lakhi Narain tudu and Chandra Pratap Tudu