-1- IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Second Appeal No.148 of 2010 Ramcharan son of Shri Maddu Lal VERSUS Ratna son of Shri Laxminarayan and Other Date of Order :::: April 2nd 2010 Hon'ble Mr. Justice Dalip Singh Mr. Kanta Prasad Sharma, Counsel for the plaintiff-appellant *** By the Court : Heard learned counsel for the plaintiff-appellant and perused the judgments of the two Courts below. Both the Courts below have dismissed the suit of the plaintiff-appellant primarily on the ground that the plaintiff has failed to prove his title over the land in dispute and also that under Issue No.2 the title of the defendants stands proved, inasmuch as that the defendant was allotted the `patta' in respect of 32x33ft. land by the Gram Panchayat and the revision against the aforesaid order of the Gram Panchayat was also dismissed by the Collector vide order dated 12.11.2010. As such the `patta' and title of the defendants in respect of the land measuring 32x33ft on the basis of the `patta' should be proved. These are concurrent findings of fact, which cannot -2- be interfered with in second appeal, under Section 100 of the Code of Civil Procedure, 1908. So far as the submission of the learned counsel that while the plaintiff-appellant had filed the suit in respect of the land measuring 57x75 feet is concerned and that the `patta' in favour of the defendant is only for 32x33 feet that is a matter, which can be brought to the notice of the learned Lower Appellate Court by filing a review petition before the said Court. This Court can not appreciate the above question in second appeal under Section 100 C.P.C. With the aforesaid observations, the appeal and the stay application stand disposed of. (Dalip Singh), J. Ashok/