ORDER

This second appeal under Section 100 of the C.P.C. has been preferred feeling aggrieved by the concurrent findings of the Trial Court (Civil Judge, Class-1 Hata, District Damoh in RCA No.12/2017 judgment and decree dated 19.12.2018) and First Appellate Court (Second District Judge, Hata District Damoh in RCA No.03/2019 judgment and decree dated 18.01.2023) wherein the appellant is unsuccessful for a relief regarding declaration of title of 4 acre land and separate possession through partition of survey no.1/4 area 4.860 hectare land situated at village Ranjhi Teshil Batiyagarh District - Damoh.

2. Facts in brief are that appellant/plaintiff and respondent No.1/defendant No.1 are real brothers. Father of the plaintiff and defendant No.1 Late Govind Prasad Kurmi purchased properties from the income of ancestral property in the name of plaintiff/defendant no.1 and their mother Smt. Sita Bai. Govind Prasad Kurmi also purchased another land of 4.860 hectare in the name of defendant No.1 with assurance that the plaintiff/appellant will also get 4 acres of land and defedant No.1/respondent no.1 will transfer 4 acre of land to the plaintiff. Another 4 acre land that was purchased in