1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Second Appeal No. 941 of 2005 Budhabai w/o Annarao Shetkar and another Petitioners V E R S U S Shivaji Rajaram Kalal and others Respondents Mr. R.S. Deshmukh, Advocate for the appellants Mr. V.D. Hon, Advocate for respondents No.1, 4 to 9 & 11 CORAM : A.V. NIRGUDE, J. DATED : 9th June, 2010 PER COURT : 1. This second appeal is challenging the concurrent findings of the Courts below. The appellant was the plaintiff. He filed suit for declaration and injunction in respect of a small plot of land at Udgir. It is the case of the appellants that they purchased this piece of land in the year 1974 from one Addayya. Admittedly, the title-deed does not show as to from which survey number the appellants had purchased this piece of land. On examination of the title-deed of the appellants’ predecessor, it again reveals that even this title-deed does not mention the survey number. On the other hand, it is shown that the 2 predecessor of Addayya had purchased a piece of land ad-measuring 27 gunthas from land survey No. 299 of Udgir from one Maheboob. Assuming Maheboob had title to land survey No. 299 and particularly the portion ad-measuring 27 gunthas of it, Sharanappa would certainly get title out of survey No. 299. But, if Sharanappa did not describe the land which he sold to Addayya in 1956, one cannot assume that Sharanappa had sold that piece of land from survey No. 299 which he had purchased from Mahboob. The appellants thus failed to prove title to the suit land. The Courts below in more or less in these terms rejected the appellants’ claim. No fault can be found in the findings of the Courts below. No substantial question of Law arose in this appeal. The appeal stands dismissed. ( A.V.NIRGUDE,J. ) srm/sa/941/05