IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.324 of 1999 1. Md Manjar son of Late Md Ibrahim 2. Bibi Samila 3. Bibi Nashima D/o Late Md Ibrahim 4. Bibi Salma widow of Late Md Ibrahim 5. Bibi Habisha @ Bibi Hadisa widow of Late Md Sayed 6. Bibi Nazima 7. Bibi Shamina Khatoon D/o Late Md Sayed 8. Md Haroon 9. Md Hashnain 10. Md Nazir all sons of Late Md Sayed 11. Md Halim 12. Md Mobin sons of Late Md Ishhaq 13. Bibi Ishrat 14. Bibi Kaishar 15. Bibi Nikhat 16. Bibi Anjum 17. Bibi Sajda D/o Bibi Haseena Khatoon and late Samimuddin All resident of Mohalla Kabirpur P.O + P.S. Nathnagar Dist. Bhagalpur Plaintiffs- Appellants- Appellants Versus 1. Md Zamil Akhtar s/o Late Basir Akhtar 2. Bibi Zahana widow of Late Nazim Akhtar 3 Bibi Baibi 4. Bibi Taibi D/o Late Azim Akhtar 5. Zahir Akhtar 6. Sahid Akhtar sons of Late Azim Akhtar 7. Md Nakim Akhtar @ Chhotan son of late Basir Akhtar 8. Md Kamaruddin @ Qama 9. Md Badaruddin @ Bado sons of late Imamul Haque 10.Bibi Bina Khatoon 11. Bibi Shamina Khatoon D/o late Imamul Haque 12. Bibi Rehana widow of late Qayam All resident of Mohalla Kabirpur P.S. Nathnagar Dist. Bhagalpur 13. Imroz Akhtar 14. Afroz Akhtar 15. Bachchu 16.Bibi Munni 17.Bibi Chunni Minors under Guardianship of their mother Bibi Rehana resident of Mohalla Kabirpur P.O + P.S. Nathnagar Dist. Bhagalpur Defendants-Respondents-Respondents ----------------------- For the appellants: Mr Shailendra Kumar Singh, Advocate For the respondents: None ------------------- 06 21.04.2009 Heard learned counsel for the appellants. - 2 - 2. This second appeal has been filed by the plaintiffs- appellants-appellants challenging the judgments and decree of both the learned courts below. 3. The matter arises out of Title Suit no.194 of 1983 which was filed by the plaintiffs-appellants for declaration of their right, title and interest over the suit plot and also for declaration that the entry in the recent municipal survey was incorrect and for other ancillary reliefs. 4. The said title suit was dismissed by the learned Subordinate Judge III, Bhagalpur vide his judgment and decree dated 31.03.1990. Against the aforesaid judgment and decree of the trial court, the plaintiffs filed Title Appeal no.18 of 1990 which was also dismissed on contest by the learned Additional District Judge III, Bhagalpur, vide his judgment and decree dated 24.04.1999. 5. From the arguments of the parties as well as from the materials on record including the impugned judgments and decree of the learned courts below, it transpires that both the learned courts below after considering the pleadings and evidence of the parties came to concurrent findings that by Patta and Kabuliat of 1908 by the Ex- intermediary, raiyati interest was created in favour of the ancestor of the defendants, whereas claim of the plaintiffs being only of a Bhowlidar with respect to some portion of the land, the relief claimed by the plaintiffs could not be legally decreed. 6. It was further held that the oral evidence adduced on behalf of the plaintiffs did not support their pleadings whereas oral - 3 - evidence adduced on behalf of the defendants fully supported their title and possession based on documentary evidence, but the plaintiffs had failed to prove their alleged title and possession over the suit land. The learned courts below after considering in details the evidence of both the parties came to the specific conclusion that documentary evidence showed that the suit land stood in the name of the defendants or their ancestor and there was not a single chit of paper to show even possession of the plaintiffs over the suit land but in spite of that no relief for recovery of possession had been sought by the plaintiffs. 7. In the aforesaid circumstances, this Court does not find any illegality in the impugned judgments and decree of the learned 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. (S.N.Hussain,J) shahid