JUDGMENT :

Heard the learned counsel for the appellant.

2. No one turns up on behalf of the respondents in-spite of repeated calls though notices have validly been served upon the respondents. Hence, this appeal is heard ex-parte against the respondents.

3. This second appeal has been preferred under Section 100 of Code of Civil Procedure against the concurrent judgment and decree dated 14.02.2007 passed by the learned Additional District Judge, F.T.C.- III, Dhanbad in Title Appeal No.10 of 2005 whereby and where under, the learned first appellate court has dismissed the appeal and did not interfere with the judgment and decree passed by the learned trial court being the court of Sub-Ordinate Judge-IV, Dhanbad in Title Suit No.112 of 2001.

4. The case of the plaintiff in brief is that the defendants purchased 1.13 acres of land consisting of 10 plots from the previous rightful successor and recorded owner namely Kartik Rajwar and Badal Rajwar both sons of Babulal Rajwar. After purchase, the defendant no.1 mutually divided the lands according to the share among the three brothers namely Tarapada, Debendra and Sudhir Chandra and each got 37 ½ decimals of land each. One of the brothers De