1 IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.323 of 2005 1. Ram Sewak Mahto, son of late Sukhdeo Mahto 2. Raj Kumar Mahto, son of late Sukhdeo Mahto Both resident of village Massa, Tola Dhankaul, P.S. Jalley, P.O. Karwa, District Darbhanga. ….Defendants Ist Party-Appellant Ist Party-Appellant Ist party. 3. Jai Kant Mahto, son of Shri Chan Mahto 4. Mohan Mahto, son of Jaikant Mahto 5. Pragash Mahto, son of Jagdish Mahto Both resident of village Massa, Tola Dhankaul, P.S. Jalley, P.O. Karwa, District Darbhanga. …Defendant 2nd Party..Appellant 2nd party..Appellant 2nd party. Versus 1. Ram Pratap Mahto, son of Mushar Mahto 2. Ram Lakhan Mahto, son of Mushar Mahto Both resident of village Massa, Tola Dhankaul, P.S. Jalley, P.O. Karwa, District Darbhanga. 3. Smt. Ram Pari Devi, w/o Sukhdev Mahto, resident of village Basopatti, P.S. Harlakhi, P.O. Harlakhi, District Madhubani. 4. Smt. Ram Kali Devi, w/o Pachchu Mahto, resident of village Bahera, P.s. Nannpur, District Sitamarhi. 5. Tej Narain Mahto, son of late Hira Mahto, resident of village Nanpur Bahera, P.O. Pupari, P.S. Pupari, District Sitamarhi. ..Plaintiffs-Respondents 1st Party…Respondent 1st Party 6. Kari Mahto, son of Jagroom Mahto 7. Ram Dayal Mahto, son of Pritam Mahto, 8. Ram Dahin Mahto, s/o Pritam Mahto, Nos. 6 to 8 resident of village Massa, Tola Dhankaul, P.S. Jalley, P.O. Karwa, District Darbhanga. …Defendant 3rd party-Respondent 2nd party-Respondent 2nd Party. 9. Bilatu Mahto, son of Ram Swaroop Mahto, Resident of village Massa, Tola Dhankaul, P.S. Jalley, P.O. Karwa, District Darbhanga. Defendant 4th Party…Respondent 3rd party..Respondent 3rd party. 10. Fakira Mahto, son of Bhadai Mahto, Resident of village Massa, Tola Dhankaul, P.S. Jalley, P.O. Karwa, District Darbhanga. … Defendant 5th Party…Respondent 4th party..Respondent 4th party. ------- For the Appellants : M/s Bhupendra Narain Sinha and Shailendra Kumar, Advocates. For Respondent no.8: Mrs. Anjana Mishra, Mr. Nagendra Kumar and Mr. Sameer Ranjan, Advocates. ----------- 09/ 26.03.2009 Heard learned counsel for the appellants and learned counsel for the respondents. 2 2. This second appeal has been filed by the defendants-appellants-appellants against the judgments and decree of both the learned courts below. 3. This matter arises out of Title Suit No. 54 of 1991 (93/1995), which was filed by the plaintiffs-respondents for declaring their title over the suit land and for recovery of possession as well as other ancillary reliefs. 4. The said title suit was decreed by the learned Munsif-I, Darbhanga vide his judgment and decree dated 30.03.1996. Against the aforesaid judgment and decree of the trial court, the defendants filed Title Appeal No. 25 of 1996, which was dismissed on contest with cost by the learned Additional District Judge-cum-Fast Track Court No.1, Darbhanga vide his judgment and decree dated 08.09.2005. 5. From the arguments of the parties and the materials on record including the impugned judgments of the learned courts below, it is quite apparent that after considering the pleadings and evidence of the parties, both the learned courts below came to the conclusion that Biko alias Bikhia Mahto had no third son named Tulsi and the branch of Ram Bhajan, who were defendants second and third party had no right, title and possession over the suit land. It was also concurrently found that the plaintiffs-respondents had successfully proved their title and possession in the suit property as well as their dispossession on the relevant date i.e. on 24.07.1991. Hence on the basis of the aforesaid findings, the learned courts below held that the 3 plaintiffs were entitled to the reliefs claimed by them. 6. Considering the aforesaid facts and circumstances, it is quite apparent that the judgments and decree of the learned courts below are covered by findings of facts, in which there is no illegality and furthermore no substantial question of law is 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. MPS/ ( S. N. Hussain, J. )