IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.203 of 2003 1.Nand Kishore Mishra 2.Madan Mishra both sons of Late Inderdeo Mishra, both residents of village Chandraha , P.S. Sugauli, P.O. Chapra Bahas, District-East Champaran. ……Defendants….Appellants….Appellants. Versus 1(a).Most. Madhuri Devi widow of Late Ram Kumar Jha 1(b).Dular Jha son of Late Ram Kumar Jha 1(c).Puja Kumari minor daughter under the guardianship of her mother Mostt.Madhuri Devi. All residents of village Chagraha, P.S. Sugauli, District-East Champaran. …..Plaintiff..Respondent….Respondent 1st party 2. Most. Phul Kuar daughter of Late Indradeo Mishra resident of village Chhagraha, P.S.-Sugauli, District-East Champaran. 3. Kumkum Devi daughter of Late Indradeo Mishra wife of Biraju Jha, at present resident of Chhagraha, P.S. Sugauli, Dist. East Champaran. 4. Prabhawati Devi wife of Ramjatan Jha, daughter of Late Inderdeo Jha, resident of Mohalla Kalibagh, P.S. Bettiah, District-East Champaran at present resident of Chhagraha, P.S. Sugauli, District-East Champaran. 5. Gulabpati Devi d/o Late Inderdeo Mishra, w/o Shiv Shankar Jha, resident of village and P.O. Bangahi, P.S. Ramgarhwa, Dist. East Champaran. Tuntun Devi daughter of Late Inderdeo Mishra wife of Paras Jha, resident of village and P.O. Bagahi, P.S. Ramgarhwa, District-East Champaran. Saraswati Devi, daughter of Indradeo Mishra wife of Binod Jha, resident of village Rupaulia, P.O. Pachpakri, P.S. Dhaka, District-East Champaran. ……Defendants…..Appellants….Respondent 2nd Party. --------- 13/ 10.11.2008 Heard learned counsel for the appellants and learned counsel for the respondents. 2. This second appeal has been filed by defendants- appellants-appellants challenging the judgments and decree of both the learned courts below. 3. The matter arises out of Title Suit No.140 of 1986, which was filed by the sole plaintiff-respondent-respondent 1st party for declaring that he had valid title and possession over the suit land purchased by him and that defendant no.1 Indradeo 2 Mishra (father of the defendants-appellants) had no right, title or possession over the same and for other ancillary reliefs. 4. The said suit was decreed on contest with cost by the learned Subordinate Judge-I, Motihari, vide judgment and decree dated 27.08.1994. The said judgment and decree of the trial court was challenged by the defendants-appellants in Title Appeal No.72 of 1994, which was dismissed on contest with cost by the learned Additional District Judge-V, East Champaran, vide his judgment and decree dated 02.08.2003. Against the aforesaid judgments and decree, the instant second appeal has been filed by the defendants. 5. The learned courts below have very carefully considered the pleadings of the parties as well as the evidence adduced by them and came to the concurrent findings that the contention of the defendants was that the suit plots belonged to the State of Bihar and hence the execution of the deed of transfer in favour of the plaintiff at Dhaka was a fraud on registration under section 28 of the Indian Registration Act and hence the deed of gift was a void document, but from the pleadings of the defendants in their written statement, it was quite apparent that there was no such pleadings in the written statement and hence when any matter is not included in the pleadings of any party he cannot be allowed to raise it, nor the said party can be allowed to lead evidence about anything beyond the pleadings. 6. Furthermore, after considering the evidence of the 3 parties with regard to the validity of the deed of gift, the learned courts below came to the concurrent finding that the deed of gift (Ext.5) cannot be declared to be a void document and that Sona Devi was holding title and possession on the basis of khorishnama (Ext.2) dated 24.05.1972 as well as subsequent deed of gift (Ext.5) dated 24.05.1975 and on its basis she transferred her right and title over the suit property to the plaintiff through sale deed (Ext.1) dated 13.07.1984 and hence there was no occasion at all for passing of title to the original defendant Indradeo Mishra. 7. It was also found by the learned courts below that Sheo Shankar Jha, who was the original owner, having already given the suit plot to his wife Sona Devi, there was no occasion for him to execute any Ladavi (Ext.B) in favour of the said defendant, specially when the said khorishnama (Ext.2) had never been cancelled. Furthermore, the said deed of relinquishment, namely Ladavi cannot legally be deemed to be a deed of transfer nor it can create any title in favour of anyone as per the specific provision of law. In addition to the aforesaid findings, both the learned courts below also came to the concurrent findings of fact that the defendants failed to prove their possession over the suit property and hence it was rightly held that the plaintiff had title and possession over the suit property. 8. So far the question of bar under the provision of section 34 of Specific Relief Act, 1963 is concerned, the defendants had nowhere pleaded that which reliefs the plaintiff 4 should have sought for in addition to the reliefs already claimed by him in the plaint. Hence in such circumstances, there was no occasion for the learned courts below to assume that the claim of the plaintiff was hit by the provision of section 34 of Specific Relief Act, 1963. 9. So far the question of limitation is concerned, the learned courts below found from perusal of the case record that the suit was filed by the plaintiff in the court of Subordinate Judge on 21.03.1986 pleading that on 03.03.1986 the Additional Collector dismissed the claim of the plaintiff in the Mutation Appeal, whereafter the plaintiff chose to file the said suit for final adjudication of rights and title of the parties. 10. In the aforesaid facts and 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 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.)