IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.50 of 2004 1. Md. Abdul Ghaffar, son of Late Abdul Sattar. 2. Md. Mustaque, son of Late Nurul Hasan. 3. Md. Habib @ Panchu, son of Late Fakir Bakash @ Feku, All residents of village-Lakhminia Badarbagh Gachi Tola,, P.S and P.O. Ballia, Sub-Div. Ballia, Sub-Registry and District- Begusarai. …………Plaintiffs-Appellants-Appellants. Versus 1.Chaudhary Mustaque Hussain @ Kalu Babu, son of Late Chaudhary Abdul Barkat. 2.Chaudhary Nehal, son of Chaudhary Kalo Mian. 3.Chaudhary (Dr.) Shamim Afaque , son of Late Chaudhary Md. Mustaque, all residents of village-Upper Tola Ballia ( Chhoti Ballia), P.S. Ballia, Sub-Div. Ballia, Sub-Registry and District- Begusarai. ……Defendants-Respondents-Respondents. 4.Md. Parvez, son of Munish Chaudikar. 5.Md. Rabban, son of Late Md. Abhas. 6.Md. Jamil, son of Md. Fakir Bakash @ Feku. 7.Md. Quorash, son of Abhas, all residents of village-Lakhminia Bedarbagh Gachi Tola, P.S. Ballia, P.O. Ballia, Sub-Division- Ballia, Sub-Registry and District-Begusarai. ……Plaintiffs-Respondents-Respondents. ----------- 07/ 05.12.2008 Heard learned counsel for the appellants. This second appeal has been filed on behalf of the plaintiffs-appellants-appellants challenging the judgments and decree of both the learned courts below. The matter arises out of Title Suit No. 157 of 1998, which was filed by the plaintiffs including the appellants and respondents 2nd set for declaration of their title and possession over the suit land and also for other ancillary reliefs. The said suit was dismissed on contest with cost by learned Subordinate Judge-V, Begusarai vide judgment and decree dated 08.08.2000 whereafter some of the plaintiffs filed Title 2 Appeal No. 25 of 2000, which was also dismissed by the learned Additional District Judge-VI, Begusarai vide his judgment and decree dated 16.12.2003. The said judgments and decree of the learned courts below are under challenge in the instant second appeal. From the arguments as well as from the materials on record, including the impugned judgments and decree of the learned courts below, it is quite apparent that although the plaintiffs claimed title and possession over the suit land but they could not prove the same by any valid material nor could they produce any document of title except an old survey khatiyan. On the other hand, the defendants claimed that Hussain Baksh was the khatiyani raiyat of the suit land along with other lands, who sold his lands to Maulvi Abdul Bari for a valuable consideration by registered sale deed dated 19.09.1906, whereafter the said vendee Maulvi Abdul Bari sold the said land to Bibi Aniqun Nisa by registered sale deed dated 07.08.1911 and the subsequent vendee came in possession over the suit land as exclusive owner thereof. It is also claimed by the defendants that the said Bibi Aniqun Nisa transferred the suit land along with other lands in favour of the predecessor of the defendants by registered deed of Heba-bil-ewaz dated 29.04.1927 in lieu of holy Quran and a gold ring and since then the said transferees have been coming in possession and have also partitioned the same among themselves by family arrangement and they are in possession over the suit land as 3 absolute owner thereof. The said documents along with rent receipts have been produced by the defendants and have been marked as exhibits and have been fully proved by the witnesses. In the said circumstances both the learned courts below concurrently found that the case of the plaintiffs had to stand on their own leg but the plaintiffs had miserably failed to show that they had ever acquired any title over the suit land or they had been in possession thereof for any period of time. In the said 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. harish/ ( S.N.Hussain, J.)