IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.423 of 2008 ----------- S.K. Amirul, son of late S. K. Aziz, village Mohari Tola Maulaganj, P.O. Kamrauli, P.S. Tariyani, District Sheohar. ….Plaintiff-Appellant-Appellant. Versus 1. Wahidan Khatoon, wife of late S. K. Molazim 2. S. K. Mobarak, son of late S. K. Molazim 3. Munni Khatoon, daughter of late S.K. Molazim, All of village Maulaganj, Tole Mohari, P.S. Tariyani, District Sheohar …Defendants-Respondents-Respondents --------- For the appellant : M/s S. K. Thakur and Harsh Lal Kumar, Advocates. For the respondents : None. -------- 05/ 12.05.2010 Heard learned counsel for the appellant. 2. This second appeal has been filed by the plaintiff- appellant-appellant challenging judgments and decree of both the courts below. 3. The matter arises out of Partition Suit No. 06 of 2004, which was filed by plaintiff-appellant for partition of his moiety share claiming that Sk. Akhtar had three sons, namely, Sk. Aziz, Sk. Mulazim and Sk. Hadis, out of whom Sk. Hadis died in the year 1979 during life time of his father Sk. Akhtar and, thereafter, Sk. Akhtar also died in the year 1981 and hence the property of Sk. Akhtar devolved upon his two surviving sons, namely, Sk. Aziz and Sk. Mulazim. Sk. Aziz is the predecessor of the plaintiff, whereas, Sk. Mulazim is the predecessor of the defendants. The said suit was dismissed on contest by Munsif, 2 Sheohar, vide his judgment and decree dated 31.10.2006. 4. Against the said judgment and decree of the trial court, the plaintiff-appellant filed Title Appeal No. 76 of 2006 (22 of 2007), which was also dismissed by the Additional District Judge- cum-Fast Track Court No.1, Sitamarhi vide his judgment and decree dated 28.08.2008. Against the aforesaid judgments and decree of the courts below, the instant second appeal has been filed. 5. Learned counsel for the plaintiff-appellant vehemently challenges the judgments and decree of the courts below claiming that it was wrongly held by the courts below that Sk. Aziz died during the life time of his father Sk. Akhtar and hence his son, namely, the plaintiff was not entitled to inheritance and the entire property devolved upon only Sk. Mulazim. It is claimed by the plaintiff-appellant that Sk. Akhtar had died on 01.05.1981 and Sk. Aziz died on 30.07.1986, which is apparent from the death certificates (Exts. 1 and 2). 6. The said point has been elaborately considered by the court of appeal below, which found that although as per claim of the plaintiff Sk. Akhtar and Sk. Aziz died in the year 1981 and 1986, respectively, but the death certificates bearing no. 261894 and 261895 were issued simultaneously on 14.05.2000 by the Panchayat Sewak. The courts below also found that the district of Sheohar was established in the year 1994-95, but the said certificates of the year 2000 were issued by the Gram Sewak, Prakhand Sheohar (Sitamarhi) although in the year 2000 the said village was not within 3 Sitamarhi District. . 7. It was also found that there was no occasion for such a long delay of 19 years and 14 years in getting the said death certificates of two persons simultaneously, who had died within a gap of five years and that too by a person, who did not appear to be authorized to issue such certificates in the year 2000. In the said circumstances, the courts below were quite justified in not relying on the said Exts. 1 and 2 , rather they relied upon other evidence on record and, thereafter, came to specific conclusion that Sk. Akhtar died in the year 1990, whereas, his son Sk. Aziz had died in the year 1980. during the life time of his father. Hence, the son of Sk. Aziz having become `Mahjoob’, was not entitled to any partition for the suit property, which fully devolved upon Sk. Mulazim, only surviving son of Sk. Akhtar. 8. In the aforesaid facts and circumstances, this Court does not find any illegality in the impugned judgments and decree of the courts below nor does it find any substantial question of law involved in the instant second appeal, which is, accordingly, dismissed at this stage of hearing under Order XLI Rule 11 of the Code of Civil Procedure. MPS/ ( S. N. Hussain, J. )