Plaintiffs- appellants- appellants vs Both minor sons of Lakshman Singh resident of village Khoraitha

resident of village Gopalpur P.S. Bikram Dist. Patna 8. Most Bhagwani Devi (dead) heirs are already on records 9. Smt Lalita Kumari @ Lalita Devi wife of Sri Om Prakash Singh and Daughter of Late Janakdhari Singh resident of village Naghar P.O. & P.S. Bikram Dist. Patna

10.Smt Sita Sundar Kumari @ Sita Sundar Devi wife of Satendra Sharma and D/o Late Janakdhari Singh of village Sarasat P.O.Arap, P.S. Bikram Dist. Patna

11. Sushri Krishnawati Kumari 12. Sri Pinku Sharma 13. Sri Rinku Sharma 14. Sri Nippu Sharma All the minor sons and daughter of late Janakdhari Singh under the guardian of their mother Most Bhagwani Devi of village Khoraitha P.O. and P.S. Bikram Dist. Patna

15. Smt Alora Devi, Widow of Late Ram Chandra Singh 16. Madheshwari Singh 17. Sri Narendra Singh both sons of late Ram Chandra Singh 18. Sri Surendra Singh Minor son of late Ram Chandra Singh 19. Smt Sirista Kumari @ Sirista Devi D/o Late Ram Chandra Singh 20( i) Smt Lakhmani Devi wife of Mahanand Singh 20(ii) Ram Binay Singh son of Mahanand Singh 20(iii) Smt Urmila Devi D/o of Mahanand Singh 20(iv) Smt Hira Devi D/o of Mahanand Singh 20(v) Smt Nirmala Devi D/o of Mahanand Singh 20(vi) Smt Ribha Devi D/o of Mahanand Singh All resident of village Khoraitha P.O. and P.S. Bikram Dist. Patna Plaintiffs- appellants- appellants Versus

1. Sri Lakhan Singh Son of late Ram Briksh Singh 2. Sri Dina Nath Singh 3. Sri Pappu @ Narayan Singh Both minor sons of Lakshman Singh resident of village Khoraitha P.O. and P.S. Bikram Dist. Patna 4(i). Bishram Singh son of Hitan Singh 4(ii). Sharda Devi W/o Devdutta Singh 4(iii) Amarjeet Singh 4(iv) Niraj Singh All resident of village Begha kole, P.S. Bikram Dist. Patna - 2 -

5. Most Lija Kuar widow of late Raghunath Sigh and daughter of late Ram Briksh Singh of village Ratut P.g. Maner P.S. Bikram Dist. Patna at present village Khoraitha P.O. and P.S. Bikram Dist. Patna

6. Smt Daulat Devi wife of Binda Singh and D/o late Ram Briksh Singh of village Verana Rampur P.g Maner P.S. Naubatpur Dist. Patna Defendants-respondents-respondents 7. Sri Awadhesh Singh son of Late Ram Chandra Singh resident of village Khoraitha P.O. and P.S. Bikram Dist. Patna Performa defendant- Performa respondent-Respondent II set ----------- For the appellants: Mr Bhupendra Nr. Sinha, Sr.Advocate M/s Ajay Kumar and M.P.Singh, Advocates For the respondents: Mr Druv Kumar, Sr. Advocate Mr Jitendra Pd. Singh, Advocate -------------------

30.03.2009 Heard learned counsel for the appellants and learned counsel for the respondents.

2. This second appeal has been filed by the plaintiffs- appellants-appellants challenging the judgments and decree of both the learned courts below.

3. The matter arises out of Title Suit no.22 of 1978 (255/1985) which was filed by the plaintiffs for declaration that they have got perfect title over the suit land by way of Hukumnama dated 16th Baisakh, 1346 Fasli ( 1939 A.D.) and also for permanent injunction and for other ancillary reliefs.

4. The said title suit was dismissed on contest by the learned Subordinate Judge IV, Patna vide his judgment and decree dated 28.01.1988. Against the aforesaid judgment and decree of the trial court, the plaintiffs filed Title Appeal no.27 of 1988 which was also dismissed on contest by the learned Additional District Judge IX, Patna, vide his judgment and decree dated 06.09.1995.

5. From the argument of the parties as well as from - 3 - the materials on record including the impugned judgments and decree of the learned courts below, it transpires that after full appreciation of the pleadings and evidence of the parties the learned courts below have found that defendants had purchased the suit land by exhibit H (Hukumnama) dated 20.04.1948 executed by ex-landlord in favour of Agarmati Kuer (Predecessor of the defendants) after accepting Salami of Rs 50/- followed by delivery of possession, which was proved by the Zamindari receipts exhibits A/13 to A/19 for the year 1356 Fasli (1949 A.D.) to 1363 Fasli (1956 A.D.) issued by the ex-landlord, whereafter at the time of vesting Zamindari in the State of Bihar under the Bihar Land Reforms Act, Jamabandi return (Exhibit J) was filed by the ex-landlord in the year 1956-57 in Case no. 7111/1956-57 in favour of said Raiyat showing her to be Raiyat over the suit plot and hence the State of Bihar issued rent receipts in favour of the said predecessor of the defendants (exhibits A to A/12). The learned courts below also found that the aforesaid facts were also supported by the report of the Circle Officer (Exhibit F/1) and the oral and documentary evidence proved exclusive possession of the defendants over the suit land. Both the learned courts below after full consideration of the evidence of the parties concurrently found that Sada Hukumnama and few rent receipts filed by the plaintiffs were forged and fabricated paper as they were never acted upon and there was no valid evidence to support them nor the said alleged Hukumnama of the plaintiffs was accompanied with the factum of the possession. - 4 -

6. In the aforesaid circumstances, the aforesaid judgments of the learned courts below are based on findings of fact and 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 at this stage of hearing under Order XLI Rule 11 of the Code of Civil Procedure. (S.N.Hussain,J) shahid