ORDER :

1. Heard Mr. Bhupal Krishna Prasad, learned counsel appearing for the appellant and Mrs. Rita Kumari, learned counsel appearing for the respondent nos. 1 and 2.

2. The appellant has preferred this Second Appeal against the judgment dated 17.09.2009 and Decree dated 09.10.2009 passed by learned 5th Additional District Judge, (F.T.C) Dumka, dismissing the Title (Partition) Appeal No. 26 of 2007 and confirming the judgment dated 31.07.2007 and Decree dated 14.08.2007 passed in Title (Partition) Suit No. 151 of 2003 passed by learned Sub-Judge-I, Dumka.

3. The appellant-plaintiff had instituted Title (Partition) Suit No. 151 of 2003 for a decree to the extent of half share in Jamabandi No.21 /17 in Village - Chandubathan, P.S- Saraiyahat, District- Dumka, and for appointment of Amin Commissioner to carve out his share and for delivery of possession to him. The said Title (Partition) Suit was numbered as Title (Partition) Suit No. 151 of 2003. It transpires from the judgment of both the courts that the case of the appellant/plaintiff is that appellant/plaintiff Jata Murmu who finds place in plaint of Title (Partition) Suit No.151 of 2003, is the resident of Village - Chandubathan,