IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.186 of 2006 Ram Keshwar Tiwary, S/o Late Jagdish Narayan Tiwary, resident of village-Dumra, P.S. Kargahar, District-Rohtas. ………Plaintiff-Appellant-Appellant. Versus 1. Deo Bansh Mahto, S/o Ramgobind Mahto 2. Ramgobind Mahto, S/o Radha Mahto 3. Raja Teli 4. Mahangu Teli Both sons of Ram Kawal Teli 5. Gudar Kanu, S/o Sheonandan Kanu All residents of village-Dumra, P.S. Kargahar, District-Rohtas …….Defendants-Respondents-Respondents 1st set. 6. Smt. Sheo Kumari Kuwar, wife of Ram Singasan Pandey 7. Smt. Raj Kumari Devi, wife of Rambachan Pandey Both residents of village-Telari, P.S. Sheo Sagar, P.O. Patari, District-Rohtas, Sasaram. 8. Smt. Mantora Devi, wife of Ambika Dubey Resident of village-Sheowan, P.S. Kargahar, P.O. Dhanej, District- Rohtas, Sasaram. 9. Harsu Tiwary, S/o Washista Tiwary Resident of village-Barki Mahuli, District-Rohtas, Sasaram. 10. Ayodhya Sah, S/o Pranpati Sah, resident of village-Dumra, P.S.Kargahar, P.O. Barki Mahuli, District-Rohtas, Sasaram. ……… Defendants-Respondents-Respondents 2nd set ----------- 04/ 05.12.2008 Heard learned counsel for the appellant. This second appeal has been filed on behalf of the sole plaintiff-appellant-appellant challenging the judgments and decree of the learned courts below. The matter arises out of Title Suit No. 53 of 1990, which was filed by the plaintiff for declaration of his title and possession and also for declaration that the sale deed dated 19.04.1989 executed by defendant no.3 in the name of defendant no.1 was illegal and forged and was not binding and also for injunction and other ancillary reliefs. The said title suit was dismissed on contest without cost by 2 the learned Munsif-II, Sasaram vide judgment and decree dated 31.03.2004, whereafter the plaintiff-appellant filed Title Appeal No. 28 of 2004, which was also dismissed on contest without cost by the learned Additional District Judge-cum-Fast Track Court No.II, Rohtas vide judgment and decree dated 21.06.2006.The said judgments and decree of the learned courts below are under challenge in the instant second appeal. From the argument of learned counsel for the appellant as well as from the materials on record, including the judgments and decree of the learned courts below, it transpires that the claim of the plaintiff was based only on a few Zamindari receipts and he had absolutely failed to bring on record any other paper such as Zamindari return, jamabandi or any other document in proof of his ownership on the basis of the settlement by the ex-landlord as claimed by him. The suit was filed after about 35 years of vesting of Zamindari in the State of Bihar but for that period no paper or record or receipt showing even possession was produced by the plaintiff and in addition to that the plaintiff was even according to his own case dispossessed in the year 1989 and was not in possession at the time of filing of the suit. Apart from the documentary evidence even the witnesses could not prove the plaintiff’s case of possession and dispossession, as out of his four witnesses, PWs.1 and 2 were formal witnesses, whereas PW.4 was the plaintiff himself and the only other witness was PW.3, but he merely stated that he had been seeing the plaintiff in possession 3 over the suit property since his childhood. This statement falsified the plaintiff’s claim of dispossession in the year 1989. The law is well settled that the suit can succeed only if the plaintiff proves his claim and if the plaintiff himself is unable to prove his case then the weakness in the case of defendants will not be of any help for the plaintiff. Here, in the instant case the evidence of the plaintiff did not support his claim at all. 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.)