IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.246/2008 Vishnupanth Balaji Bhaskarwar ..vs.. Durgabai Pradhan & ors =================================== CORAM: S.R. DONGAONKAR, J. DATE:18.7.2008 Heard Mr. Tathod, Advocate for the appellant / plaintiff. 1) This is a second appeal. The appellant/ plaintiff had filed Regular Civil Suit No.2/1998 before the Civil Judge, Junior Division, Digras for possession of the suit land saying that he is the owner of the said plot, having become the owner of the same because of the will deed executed by his father. The title was denied by the defendants/respondents; though by way of amendment. In alternative; it appears; he had claimed ownership by way of adverse possession. The suit was dismissed mainly on the ground that the plaintiff had failed to prove his title on suit plot and failed to establish that defendants have made encroachment on the suit plot. 2) The matter was carried in appeal by the appellant. The appeal was also dismissed. 3) Learned appellate judge has also found that the plaintiff has failed to prove his title to the suit plot so also failed to prove that the defendants have made any encroachment on the suit plot. 4) The respondents / defendants had contended that they are in possession of the suit plot since over 50 years and they are residing on that plot by constructing their own house. As the suit was on the basis of title, the plaintiff should have produced suitable evidence; showing his title to the suit plot. As he has not done so, the suit was rightly dismissed, so also the appeal. 5) Considering the totality of the circumstances, after having gone through the judgment of the trial court as well as of appellate court, it is difficult to say that the plaintiff has proved his title to the suit plot. Fact that he was keeping silence for a long period of about 50 years as alleged speaks volumes. His suit was on the basis of the title which was denied by defendants. So he should have led the suitable evidence, showing his title to the suit plot. Therefore, conclusions of courts below cannot be said to be correct. Their appreciation of evidence on record appears proper. 6) No substantial question of law appears to be involved. As such this appeal can not be entertained. The same is dismissed. JUDGE smp.