IN THE HIGH COURT OF JUDICATURE AT PATNA S.A. No.87 of 2000 1(a) Smt. Sarsawati Devi wife of late Ram Dular Singh 1(b) Niranjan Prasad Singh son of late Ram Dular Singh Both resident of village Mehda Shahpur, P.S. Cheria Bariarpur, District Begusarai. 1(c ) Smt. Nayan Tara Sinha wife of Sri Surendra Singh and daughter of late Ram Dular Singh, resident of village Piparia, Diara, P.S. Barahia, District Lakhisarai. …..Plaintiff-Appellant-Appellant. Versus Ram Nandan Singh son of late Satya Narain Singh, resident of village Mehda Shahpur, P.S. Cheria Bariarpur, District Begusarai. …..Defendant-Respondent-Respondent. For the appellants : Mr. Pushkar Narayan Shahi, Advocate. For the respondent : None. ----------- 13/ 03.05.2010 Heard learned counsel for the appellants. 2. This second appeal has been filed by the sole plaintiff-appellant-appellant challenging the judgments and decree of both the courts below. 3. The matter arises out of Title Suit No.59 of 1983 which was filed by the plaintiff-appellant for declaration that the deed of exchange executed on 26.05.1976 was inoperative and unenforceable piece of document which was never given effect to concerning the suit land detailed in Schedule-A and B of the plaint. The said suit was dismissed on contest by Munsif-I, Begusarai, vide his judgment and decree dated 07.07.1990. 4. Against the said judgment and decree of the trial court plaintiff filed Title Appeal No.14 of 1990 which was also dismissed on contest by Additional District Judge-III, Begusarai vide his judgment and decree dated 27.11.1999. Against the aforesaid 2 judgments and decree of the courts below the instant second appeal has been filed. 5. Although learned counsel for the appellants vehemently challenges the aforesaid judgments and decree of the courts below, but from the materials on record including the impugned judgments and decree, it is quite apparent that both the courts below very carefully considered the pleadings and evidence of the parties whereafter they came to the concurrent findings that plaintiff had executed the deed of exchange (Ext.2) quite consciously and out of his free will intending to transfer the land of Schedule-A of the plaint to the defendant and in lieu of it got the land of Schedule-B from the latter. The courts below also found that the parties to the said exchange were not strangers to one and another, rather they were close agnates and earlier they were joint, but in due course they had partitioned their lands. Hence, the plea of the plaintiff that he had no idea of the land which he got in exchange was not sustainable either on facts or in law. 6. Furthermore, the plaintiff did not ever endeavour to get the said deed annulled immediately thereafter and filed the suit after about seven years now claiming that he had got lessor area in exchange, but the said pleading was not supported by any material at all. From the evidence on record, the courts below also found that the deed of exchange was given effect to and there was no tangible evidence to come to the conclusion that the deed of exchange was not acted upon. Furthermore, when the plaintiff was claiming against the 3 recital of the registered deed of transfer the onus was squarely upon him to prove his claim, but both the courts below concurrently found that the plaintiff had miserably failed to prove that Ext.2 and Ext.A were not acted upon. Hence the courts below were quite justified in holding that after the execution of the deed of exchange the plaintiff was not in possession of Schedule-A land as in the instant case exchange of equivalent land had been proved and there was no possibility to relegate back to the original position repudiating the terms of Ext.2 and Ext.A. 7. In the aforesaid facts and circumstances, this court does not find any illegality in the impugned judgments and decree of the courts below nor does it find any substantial question of law 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. harish (S.N. Hussain, J.)