IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.179 of 2004 GOVIND SAO Versus KISHORE KUMAR & ORS ----------- 06. 15.05.2008 Heard learned counsel for the plaintiff-appellant- appellant. In a suit for declaring the sale deed dated 18.04.1991 as illegal, inoperative and void and for restraining the defendants from disturbing peaceful possession of the plaintiff over the suit property, both the learned courts below rejected the claim of the plaintiff- appellant, whereas the learned court of appeal below, which was the final court of fact, specifically found that it is a settled principle of law that the plaintiff had to prove his case without taking any benefit from the defendants’ side but in the instant case he failed to substantiate his case by any material that on the alleged date of acquisition of the disputed plot by way of settlement, he was major and hence the plea of the plaintiff-appellant regarding any independent source of income could also not be substantiated. In the said circumstances, this court does not find any substantial question of law involved in the instant second appeal which is accordingly dismissed. harish (S.N. Hussain, J.)