JUDGMENT :

Heard Mrs. Nivedita Kundu, learned counsel for the appellant and Mr. S.K. Sahay, learned counsel for the respondents.

2. This second appeal has been filed being aggrieved and dissatisfied with the judgment dated 10.02.2004 passed by the learned Additional Judicial Commissioner, Fast Track Court No.VII, Ranchi in Title Appeal No.85/2003 affirming the judgment dated 31.01.2003 passed by the learned Sub-Judge IX, Ranchi in Partition Suit No.198/1996.

3. The appellant herein had filed Partition Suit No.198/1996 for partition of the half share in the land described in the Schedule-A of the plaint and for carving out a separate Takhta by appointment of the Pleader Commissioner. The said partition suit on contest was decided by the learned Sub-Judge IX, Ranchi and after considering the judgment as well as the evidence adduced on behalf of the parties, the learned Sub-Judge has come to the conclusion that Schedule-A of the plaint were previously partitioned much before the revisional survey operation and the respective shares were possessed by all the raiyats and the suit was dismissed. Aggrieved with that judgment dated 31.01.2003, the appellant filed Title Appeal No.85/2003, wh