Amitav K. Gupta, J:

This appeal is directed against the judgment and decree dated 30.01.2003 and 20.02.2003 respectively passed in Title Appeal no.2 of 2002/109 of 2002 whereby the 6th Addl. District Judge, Giridih allowed the appeal and set aside the judgment and decree dated 19.12.2001 and 07.01.2002 respectively whereby Title Suit no.63/97 was dismissed by the learned Munsif, Giridih.

2. This original suit i.e. Title Suit no.63 of 1997 was instituted by plaintiffs, namely, Nirpat Mahto, Bhikho Mahto, Karman Mahto and Sukhdeo Mahto who are respondent no.1 to 4 herein. Bhikho Mahto died pendente lite and is substituted by his legal representatives. Original defendant no.1-Bhola Mahto is the appellant herein. Defendant nos.2 and 3, namely, Bibi Madina Khatoon and Bibi Jahira Khatoon were proforma defendants and are respondent nos.5 and 6 herein. Bibi Zahira Khatoon died pendentelite and is substituted by her legal representatives.

Brief facts of the case is that the suit property of plot no.270, Khata no.13 was recorded in the name of Gulab Miyan who was survived by two sons, namely, Imamuddin and Rahmat Ali. Each inherited half a share in the said property. Imamuddin tra