IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No.411 of 2012 ====================================================== 1. Haridwar Rai, S/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.- Koelwar , Distt-Bhojpur 2. Mahadeo Rai S/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.-Koelwar , Distt-Bhojpur 3. Veer Bahadur Rai S/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.- Koelwar , Distt-Bhojpur 4. Sona Devi D/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.-Koelwar , Distt-Bhojpur 5. Suganti Devi D/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.-Koelwar , Distt-Bhojpur 6. Bhagwanti Devi D/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.- Koelwar , Distt-Bhojpur 7. Rajwanti Devi D/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.-Koelwar , Distt-Bhojpur 8. Salkho Devi D/O Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.-Koelwar , Distt-Bhojpur 9. Sukhiya Devi Widow Late Dhurandhar Rai R/O Vill-Kazir Chak, P.S.- Koelwar , Distt-Bhojpur ... ... Appellant/s Versus 1. 1.1. Abdul Karim son of late Abdul Sakoor resident of village Kazichak PS Koilwar Dist. Bhojpur (Deceased) Kasbum Khatoon D/o of late Abdul Karim, Village- Kajichak, P.O. Koilwar, Distt. Bhojpur. 1.2. Anwari Khatoon, D/o late Abdul Karim Village- Gumdi, P.S. Barahara, Distt. Bhojpur, Ara. 2. 2.1. Abdul Majid son of late Abdul Sakoor resident of village Kazichak PS Koilwar Dist. Bhojpur (Deceased) Most. Sobhratan Bibi, Wife of late Abdul Mazid Resident of Village- Kazichak, P.S. Koilwar, District- Bhojpur. 2.2. Safina Khatoon, D/o of late Abdul Mazid, Resident of Village- Kazichak, P.S. Koilwar, District- Bhojpur. 2.3. Gulson Khatoon, D/o of late Abdul Mazid, Resident of Village- Kazichak, P.S. Koilwar, District- Bhojpur. 2.4. Jatoon Khatoon, D/o of late Abdul Mazid, Resident of Village- Kazichak, P.S. Koilwar, District- Bhojpur. 2.5. Khatuna Khatoon, D/o of late Abdul Mazid, Resident of Village- Kazichak, P.S. Koilwar, District- Bhojpur. 2.6. Jauhar Khatoon, D/o of late Abdul Mazid, Resident of Village- Kazichak, P.S. Koilwar, District- Bhojpur. 2.7. Md. Kudus, D/o of late Abdul Mazid, Resident of Village- Kazichak, P.S. Patna High Court SA No.411 of 2012(28) dt.04-02-2025 2/4 Koilwar, District- Bhojpur. 3. Abdul Aziz S/O Abdul Karim R/O Vill-Kazir Chak, P.S.-Koelwar , Distt- Bhojpur ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Om Prakash Upadhyay, Advocate For the Respondent/s : Ms.Vagisha Pragya Vacaknavi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28 04-02-2025 Heard learned counsel for the appellants and learned counsel for the respondents. 2. This second appeal has been filed by defendants- appellants against the judgment and decree of affirmance. 3. The instant matter arises out of Title Suit No. 108 of 1987 which was filed by plaintiffs-respondents for declaration of the land mentioned in schedule -I of the plaint as part and parcel of RS plot no. 658 and an area of 10 decimal of land of plot no. 657 and further that defendants have no right to encroach the aforesaid land as they have no right and title over the said land. The said Suit was decreed in favour of the plaintiffs by the learned Execution Munsif, Bhojpur, Ara by the judgment and decree dated 12-07-2010 against which the defendants filed Title Appeal No. 99 of 2010 which was dismissed by the learned Additional District Judge, ( Fast Track Court -II) Ara, Bhojpur by its judgment and decree dated 30-05-2012, which is under challenge in the instant Second Patna High Court SA No.411 of 2012(28) dt.04-02-2025 3/4 Appeal. 4. In the aforesaid suit, the original defendant no.1 had filed written statement and specifically stated that she purchased 8 decimals of land from Samsuddin and Md. Jalil. After her death, her heirs were substituted, who also filed subsequent written statement and pleaded inconsistent with the original written statement filed by their mother. 5. Though original defendant no.1 has stated in the written statement that she also purchased 8 decimals of land in plot no. 657 from Samsuddin and Md. Jalil, but no documentary evidence or sale deed was filed or exhibited during trial. Moreover, the defendant no.1, specifically, pleaded that RS plot no. 656 is the Government land and the same is in possession of the defendant no.1. The said statement is contrary to the pleadings of subsequent written statement. 6. Both the learned courts below concurrently held that originally, the land, in-question, belongs to Samsuddin and Md. Jalil and plaintiffs are purchasers from Samsuddin and Md. Jalil. Learned courts below further held that the defendants have neither filed any documents nor produced any evidence to demonstrate that any proceeding for consolidation is going on over the disputed Mouza in-question at the time of purchase by Patna High Court SA No.411 of 2012(28) dt.04-02-2025 4/4 the plaintiff No.3. All these questions are matter of facts and the appellate Court is final court of facts which held that the plaintiffs have established the case that they had valid proof of possession and title and defendants encroached the suit land and directed them to vacate the same. 7. Considering the aforesaid facts and circumstances as well as the materials on record, it is quite apparent that the judgment and decree of the learned courts below are covered by the findings of facts and no question of law much less substantial questions of law arises for consideration in the instant Second Appeal. 8. Accordingly, this Second Appeal is dismissed at the stage of hearing under Order 41 Rule 11 of the Code of Civil Procedure. shyambihari/- (Khatim Reza, J) U