1 IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.347 of 2004 Sheo Dayal Ram, son of late Jagpatti Ram @ Jagpatti Ram Chamar, resident of village Sarepur Bachari, Post Office Akhgaon, P.s. Sandesh, District Bhojpur. -Plaintiff-Appellant-Appellant. Versus 1. Ramjee Singh 2. Bhavandhi Singh 3. Chotaku Singh All sons of late Deo Nandan Singh 4. Barku Singh 5. Bhola Singh Both sons of late Deo Nandan Singh 6. Nanhki Devi, daughter of late Deo Nandan Singh. All residents of village Bachari, P.O. Akhgaon, P.S. Sandesh District Bhojpur. 7. Ramadhar Singh, son of late Yadu Nandan Singh 8. Devanti Kuer, wife of late Lakshman Singh 9. Nand Kishore Singh 10. Brij Kishore Singh Both sons of late Lakshman Siungh 11. Rinku Kumari, minor daughter of late Lakshman Singh 12. Bishundeo Singh, son of late Harinandan Singh. All residents of village Sarepur, P.O. Akhgaon, P.S. Sandesh, District Bhojpur. 13. Basanti Devi, wife of Girish Kumar Singh, resident of village and P.O. Baragoan, P.S. Sahar, District Bhojpur. 14. Kamlawati Devi, wife of Sri Gauri Shankar Singh, resident of village and P.O. Lahtan, P.S. Agiaon Bazar, District Bhojpujr. 15. Dulhin Punia Devi, daughter of late Daroga Singh 16. Ram Chandra Singh 17. Ramadhar Singh Both sons of late Megha Singh 18. Karamiya Devi, wife of late Fateh Bahadur Singh 19. Raj Kishore Yadav 20. Dev Kumar Yadav 21. Sheo Kumar Yadav All sons of late Fateh Bahadur Singh and residents of village Sarepur, P.O. Akhgaon, P.S. Sandesh District Bhojpur. 22. Sri Bhagwan Singh, son of late Hari Nandan Singh 23. Yagesh alias Nagesh Singh, son of late Sipahi Singh. 24. (a) Birendra Singh, son of Gangadhar Singh 25. Most. name not known, wife of late Shobh Nath Singh 26. Yaswant Singh, son of late Shobh Nath Singh 27. Tara Muni Devi 28. Lal Muni Devi Both daughters of late Shobh Nath Singh 29. Sheo Badan Singh 30. Bachhan Singh Both sons of late Raj Nath Singh 31. Subhagiya Devi 2 32. Sona Bhagia Devi 33. Nanhki Devi All daughters of late Raj Nath Singh 34. Piyaria Devi, wife of late Ramdeo Singhj 35. Rajendra Singh 36. Umesh Singh 37. Ramesh Singh All sons of late Ram Deo Singh @ Kam Deo Singh 38. Ash Narayan Singh, minor son of late Kam Deo Singh @ Ram Deo Singh 39. Parmila Kumari, minor daughter of late Ram Deo Singh All residents of village Sarepur Bachari, P.O. Akhagoan, P.S. Sandesh District Bhojpur. 40. Shila Devi, daughter of Ram Deo Singh @ Kam Deo Singh, wife of Awadhesh Singh, resident of village and P.O. Koshihan, District Bhojpur. 41. Mana Devi, daughter of late Ram Deo Singh alias Ram Deo Singh @ Kam Deo Singh and wife of Sri Binod Singh, resident of village and P.O. Achuan, District Patna. 42(a). Laheshwari Devi wife of Shri Kedar Yadav, resident of village Bela, P.O. Basantpur, P.S. Dhobha, District Bhojpur. 42(b) Dhankeshwari Devi, wife of Bhutali Yadav, resident of village Dharamchak, P.O. Sadabah, P.S. Dulhin Bazar, District Patna. 42(c). Tarun Devi, wife of Raja Ram Yadav, resident of vildlage Khalisa, P.O. Karawa, P.S. Udavant Nagar, District Bhojpur. 43. Sheo Narayan Ram 44. Ram Dayal Ram Both sons of late Jagpatti Ram alias Jagpatti Ram Chamar 45. Lal Jhari Devi, daughter of late Jagpatti Ram alias Jagpatti Ram Chamar, resident of village Sarepur, Bachari, P.O. Sandesh, District Bhojpur. …..Plaintiffs-Respondents-Respondents. --------- For the Appellant : M/s Pandit Jee Pandey and Ram Kumar Tiwary, Advocates. For the Respondents : None. ----------- 09/ 22.05.2009 Heard learned counsel for the appellant. 2. This second appeal has been filed by the sole plaintiff-appellant-appellant challenging the judgments and decree of both the learned courts below. 3. The matter arises out of Title Suit No. 109/1982, which was filed by the plaintiff-appellant for declaration of his 3 title and confirmation of possession and in alternative for recovery of possession as well as for other ancillary reliefs. 4. The said suit was dismissed on contest by the learned Subordinate Judge-V, Arrah vide his judgment and decree dated 30.01.1991. Against the aforesaid judgment and decree of the trial court, the plaintiff filed Title Appeal No.32 of 1991, which was also dismissed on contest by the learned Additional District Judge-cum-Fast Tack Court-IV, Bhojpur, Arrah, vide his judgment and decree dated 20.08.2004. 5. From the arguments of learned counsel for the appellant as well as from the materials on record, including the impugned judgments and decree of the learned courts below, it is quite apparent that on full and proper consideration of all the pleadings and evidence of both the parties, the learned courts below came to the specific finding that no doubt Laskari Chamar was recorded as Sikmidar much earlier during Zamindari period but Sikmi right not being heritable, the plaintiff cannot legally have any right, title and interest in the suit property nor he has been able to show by any chit of papers that he or his predecessor ever exercised their right of inheritance over the suit property. Both the learned courts below concurrently found that specific documents and evidence proved continuous possession of the defendants and their predecessor on the basis of reliable and valid documents of title, whereas, the plaintiff has miserably failed to prove that he had ever been in continuous possession of twelve years over the suit land or he had acquired 4 any occupancy right or title, which claims were not supported by any document. 6. In the wake of the aforesaid concurrent findings of facts based on the specific pleadings and evidence of the parties, 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. MPS/ ( S. N. Hussain, J. )