Vishnudeo Narayan, J.

1. This appeal at the Instance of the plaintiff-appellant is directed against the impugned judgment and decree of affirmation dated 16.5.1989 and 30,5.1989 respectively passed in Title Appeal No. 39 of 1981, by Shri Philip Topno, 1st Additional District Judge, Palamau upholding the judgment and decree dated 20.7.1981 and 14.8.1981 passed in Title Partition Suit No. 79 of 1979 by 4th Additional Sub-ordinate Judge, Daltonganj whereby the suit of the plaintiff was dismissed

2. The plaintiff-appellant had filed the said title partition suit for metes and bounds partition of the suit property detailed in the scheduled at the foot of the plaint claiming half share therein and for carving out of a separate takhata of his half share in respect thereof by Survey Knowing Commissioner duly appointed by the Court.

3. The case of the plaintiff-appellant is that the entire suit land appertains to ratyati kaimi khata No. 23, of Village-Karakat, Police Station- Daltonganj now Chainpur in the district of Palamau recorded in the name of Jadubar Kahar in the Cadastral Survey Records of Right and there was a house on Plot No. 317, having an area of 0.03 acres of the plaintif