IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.264 of 2004 JANKI CHOUDHARY Versus LALO MAHTO & ORS ----------- 5/ 26-08-2008 Heard learned counsel for the appellant. This second appeal has been filed by plaintiff- appellant- appellant challenging the judgments and decree of the learned courts below. The matter arises out of Title Suit No.268 of 1993 which was filed by the appellant along with respondent second set for declaration of their title and confirmation of possession over the suit land and also for declaration that R.S. khatian entry with respect to the suit land in the name of the defendant was wrong and for other ancillary reliefs also. The said suit was dismissed by the learned Additional Munsif 3rd , Nawada by judgment and decree dated 08.05.2001 which was challenged by all the plaintiffs in Title Appeal No 30 of 2001 ( 23 of 2003) which was also dismissed by the learned Additional District and Sessions Judge, 3rd, Nawadah by judgment and decree dated 10.06.2004. Against the said judgments and decree of the learned courts below one of the plaintiffs has filed the instant second appeal. Both the learned courts below have considered the pleadings and evidence of the parties in detail and have specifically found that the plaintiffs themselves admitted that they had never taken any pain to measure the land and hence the plaintiffs cannot be competent to say that 3 decimals of land of R.S. Plot No. 2427 was amalgamated in plot No. 2426 belonging to defendants. It was also held that the record of the case including the exhibits show that the measurement of the land was made by the Amin at the instance of defendants in presence of plaintiffs but the Amin did not find any - 2 - such encroachment upon the land of the plaintiffs by the defendants as mentioned above. Hence, it has rightly been found that the entire claim of the plaintiffs was not convincing and sound rather it was baseless and unfounded. Leaving aside other finding of the learned court below the suit and title appeal were rightly dismissed by the learned courts below on the said ground which was quite sufficient. In the said 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. B.Tiwary/ (S.N Hussain,J)