JUDGMENT :

Sanjay Kumar Dwivedi, J.

Heard Mr. Amar Kumar Sinha, learned counsel for the plaintiffs/ appellants.

2. Being aggrieved and dissatisfied with the judgment and decree dated 12.08.2016 (decree signed on 26.08.2016) passed by the learned District Judge-II, Chatra dismissing the Title Appeal No.51 of 2009 and confirming the judgment and decree dated 16.09.2009 (decree signed on 13.10.2009) passed by the learned Subordinate Judge-I, Chatra in Partition Suit No.09 of 1998, the plaintiffs/appellants have preferred this second appeal.

3. Partition Suit No.09 of 1998 was instituted for partition of the lands mentioned in Schedule-C to the plaint, claiming 2/3rd share therein and accordingly, prayer was made for preliminary decree to be passed in favour of the plaintiffs by appointing a survey knowing Pleader Commissioner, a separate takhta of their share be carved out and possession of the same to be delivered to them with costs of the suit.

4. The case of the plaintiffs/appellants before the learned trial Court was as under:

The case of the plaintiffs was that lands described in Schedule 'A' to the plaint are covered under khata no.9, 23, and 29 of village Lipda, P.S. Simaria, Distric