IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No. 45 of 2006 Md. Samse Alam son of Late Md. Mustafa Ansari R/o village Mohanpur Doghara, P.S. Bihta, District Patna. ….Plaintiff-Appellant-Appellant. Versus 1. Laljee Singh son of Sri Kishun Prasad Singh 2. Smt. Sundar Kali Devi wife of Sri Laljee Singh, both resident of village Doghara, P.O. Bahpura, P.S. Bihta, District Patna. ……Defendants-Respondents-Respondents. For the appellant : Mr. Hari Shankar Roy, Advocate. For the respondents : None. ----------- 07/ 05.05.2009 Heard learned counsel for the appellant. 2. This second appeal has been filed by the plaintiff- appellant-appellant challenging the judgments and decree of both the learned courts below. 3. The matter arises out of Title Suit No.06 of 1989, which was filed by the sole plaintiff-appellant for declaration of his title over schedule-II land and also for declaration that the possession of defendants was illegal as that of trespasser as well as also for a decree of demarcation of the land and removal of the eastern wall and for recovery of possession and for other ancillary reliefs. 4. The aforesaid title suit was dismissed on contest by the learned Munsif, Danapur vide his judgment and decree dated 24.01.1994. Against the aforesaid judgment and decree of the trial court the plaintiff filed Title Appeal No.16 of 1994 (17/2004) which was also dismissed on contest by the learned Additional District 2 Judge-cum-Fast Track Court No.III, Patna vide his judgment and decree dated 28.12.2005. 5. From the arguments as well as from the materials on record, including the judgments and decree of the learned courts below, it is quite apparent that the plaintiff was claiming that the recorded owner was Mostt. Jabuni after whose death her son Nathuni and after death of Nathuni his son Habib and after death of Habib his son Manzoor inherited the suit property and the said Manzoor sold the suit property to the plaintiff, who was a tenant from before, by registered sale deed dated 15.04.1988. 6. Learned courts below after considering the pleadings and evidence of the parties came to the specific conclusion that except deposition of plaintiff himself, there was no evidence either oral or documentary at all to show that Nathuni was the son of Mostt. Jabuni or that the property devolved upon the said persons according to the claim of the plaintiff. On the other hand, the learned courts below found that the defendants had fully established by their evidence that title over the suit property passed from Mostt. Jabuni the recorded tenant to one Kudrat and from Kudrat to Rasool Bux on the basis of a will and after his death title passed to the heirs of Rashool Bux, who sold it to Ramjeevan Rai. It was also proved that the title of Ramjeevan Rai was perfected on the basis of judgment and decree passed in Title Suit No.160 of 1959 and after death of the said Ramjeevan Rai, his son Budhram Rai got the decree executed in his favour and came in exclusive possession 3 of the suit property as absolute owner thereof and subsequently in the year 1983 he sold the land to defendant no.3 Sundar Kali Devi. 7. In the said facts and circumstances the learned courts below arrived at a clear conclusion that the plaintiff had miserably failed to establish his title in respect of suit land, whereas on the other hand, defendants clearly established their title over the suit land on the basis of oral and documentary evidence. Furthermore, so far the question of possession was concerned in the light of the aforesaid finding it was held that the defendants were in exclusive possession of the suit property on the basis of their absolute right, title and interest as has been found above. 8. In the aforesaid facts and 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)