JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

1. Heard the learned counsel for the appellants.

2. No one turns up on behalf of the respondents in-spite of repeated calls. Hence, this appeal is heard ex-parte.

3. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the judgment and decree dated 27.08.2002 passed by the learned Additional Judicial Commissioner-cum-Spl. Judge-II, Ranchi in Title Appeal No. 36 of 1998 arising out of Title Suit No. 51 of 1981 whereby and where under, the learned first appellate court in its judgment of reversal has allowed the appeal and set aside the judgment and decree dated 22.04.1998 passed the learned Sub-Judge-IV, Ranchi in Title Suit No. 51 of 1981.

4. The case of the plaintiff in brief is that suit property is the ancestral property of the plaintiff. The plaintiff was sanctioned a loan of Rs. 8,000/- by the defendant no. 2 in the year 1974. The loan was to be repaid by the plaintiff within seven years with annual installment but the plaintiff fell ill and because of some other unforeseen incidents, he could not repay the annual installements. The defendant no. 1 in collusion with defendant nos. 4 and 5, who had greedy eyes