IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.273 of 2005 1.Hrishikesh Singh 2 Ram Pravesh Singh, both sons of late Nawal Kishore Singh. 3. Anil Kumar Singh son of late Ram Naresh Singh. 4. Sunil Kumar Singh son of late Ram Naresh Singh. 5. Jeevan Kumar Singh son of late Gajendra Pd. Singh, all residents of village- Nagrah, P.S. Naugachhia, District- Bhagalpur. … Plaintiffs- Appellants- Appellants. Versus 1. Tetari Devi wife of late Ramdeo Ray. 2. Jawahar Ray 3. Hare Ram Ram Roy. 4. Thakuri Rai. 5. Daya Nand Ray. 6. Mina Devi. 7. Gita Devi. 8. Dhori Devi 9. Murli Devi, all sons and daughters of late Ramdeo Roy. 10. Fauzdari Rai. 11. Subi Lal Rai, sons of Raudi Rai. 12. Ranjit Rai. 13. Ramji Rai. 14. Baldeo Rai. 15. Jagdeo Rai, all sons of late Boli Rai. 16. Sita Ram Rai 17. Raj Kumar Rai, both sons of late Hansi Rai, all residents of village- Jahangirpur Balshi Tola Navtolia via Naugachhia, P.S. Gopalpur, District- Bhagalpur. … Defendants- Respondents- Respondents. ----------- 6/ 17-11-2008 Heard learned counsel for the appellants. 2. This second appeal has been filed on behalf of the plaintiffs- appellants- appellants against the judgments and decree of the learned courts below. 3. The matter arises out of Title Suit No. 7 of 1994 which was filed by the original plaintiff, Nawal Kishore Singh, the 2 predecessor of plaintiffs, for declaration that the entry in the remarks column of revisional survey khatian of the suit land showing late Kunai Rai (ancestor of the defendants) as a sikmidar of the suit land is false, illegal and not binding against the plaintiffs and for cost etc. 4. The said suit was dismissed on contest without cost by the learned Subordinate Judge-1, Naugachhia vide his judgment and decree dated 25.07.1998 against which the plaintiffs filed Title Appeal No. 76 of 1998 which was also dismissed by the learned Additional District Judge 3rd, Naugachhia on contest without cost by his judgment and decree dated 06.08.2005. The aforesaid judgments and decree have been challenged in the instant second appeal. 5. From the materials on record including the impugned judgments of the learned courts below, it is quite apparent that both the learned courts below while considering the period and evidence of the parties concurrently found that it can be concluded that the plaintiff Nawal Kishore Singh might have good title over the suit land, but he had never been in cultivating possession over the same, whereas the defendants had fully proved that they were in possession of the suit land as Sikmidakhalkar, hence the entry in the remarks column of the khatian prepared during the revisional survey in the name of Kunai Rai ( ancestor of the defendants) as Sikmidakhalkar was legal and proper and no defect was found therein. 6. The learned courts below also came to the conclusion that the suit was hit by the provision of section 34 of the Specific Reliefs Act as no relief was sought in the plaint against Khata 3 no. 16 which was mentioned in the remarks column of Ext. 6 ( R.S. Khatian ). It was thus found that on the basis of possession of defendants and the nature thereof over the suit land the revisional survey khatian as well as the Sikmi khata no.16 had been created in the name of late Kunai Rai but no relief was sought by the plaintiff against the said Sikmi khata no.16. The learned court of appeal below also held that the suit was filed in 1994 only for declaration that the entry in remarks column in revisional survey khatian was wrong but admittedly the suit was filed much beyond three years of the publication of the said khatian as well as the abolishment of the Revenue Courts and hence it was clearly barred by the law of limitation. 7. In the aforesaid facts and circumstances this Court does not final 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. B.Tiwary/ ( S. N. Hussain, J )