IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.331 of 2000 SHIV RATO KUAR & ORS Versus KAKALDEO SINGH & ORS ----------- 9/ 15-07-2008 Heard learned counsel for the appellants. 2. This second appeal arises out of Title Suit No. 101 of 1975 which was filed by plaintiffs/ respondents for declaration of title , confirmation of their possession over the suit land and in the alternative recovery of possession along with other ancillary relief also. 3. The suit was decreed by the learned Munsif Ist , Chapra by Judgment and decree dated 5.2.1979 which was challenged by the defendants/ appellants in Title Appeal No. 42 of 1979 which was dismissed by the learned 4th Additional District Judge,Saran vide judgment and decree dated 11.5.2000. Against the aforesaid judgments and decree of the learned courts below, the defendants/ appellants have filed the instant second appeal. 4. After considering the pleadings and evidence of the parties the learned courts below held that the defendants’ documents were not reliable and there was nothing to support their sale deed from ex-.landlord in the year 1889 except the sale deed as neither any other document was produced nor return was submitted nor any chit of paper was produced to show that they and their ancestors were the owners or were in possession of the disputed land. 5. Learned courts below on the other hand also found that the plaintiffs’ predecessors were raiyats which were fully proved - 2 - by evidence and hence the suit property was ancestral property of the plaintiffs and the defendants or their predecessor had no right over the same. The learned courts below specifically found that plaintiffs are in possession of the suit property and there were neither any pleadings nor any evidence on behalf of the defendants that the plaintiffs were ever dispossessed even by the State of Bihar. 6. Considering the aforesaid facts and circumstances, this Court does not find any illegality in the 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. B. Tiwary/ ( S. N. Hussain, J )