Pravir Kumar Sinha v. Lakshmi Mallick And ANR.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Second Appeal No.356 of 2013 =========================================================== Pravir Kumar Sinha S/O Late Dilip Kumar Sinha Resident Of Village Chandpur, P.S. Kadwa, District Katihar.
.... .... Appellant
Versus
1. Lakshmi Mallick S/O Late Chhedi Mahajan Resident Of Village Parbheli, P.S. Kadwa, District Katihar.
2. Bhola Mallick S/O Late Chhedi Mahajan Resident Of Village Parbheli, P.S. Kadwa, District Katihar.
.... .... Respondents =========================================================== Appearance :
For the Appellant/s : Mr. SURESH PRASAD SAH @ BARANWAL For the Respondent/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL JUDGMENT Date: 17-07-2017 Heard Mr.Jitendra Prasad Singh, learned counsel appearing for the appellant.
The plaintiff is the appellant in this appeal against the judgment and decree of affirmance dismissing the suit. The plaintiff filed the suit claiming declaration of title on the basis of adverse possession. Both the courts below have come to the concurrent finding that the plaintiff has failed to prove his claim of adverse possession in accordance with law by cogent evidence. The courts below have taken into notice the deposition of the plaintiff wherein he has been unable to even disclose the name of the true owner of the suit land or even the length and breadth of the
Patna High Court SA No.356 of 2013 dt.17-07-2017 suit land. It has also been taken into notice by the appellate court below that the plaintiff has failed to prove the khatian of the suit land. The conclusions by both the courts below are based upon the scrutiny of evidence on record and this Court has not been persuaded to find any perversity or unreasonableness in this case. Therefore, this Court does not find any substantial question of law arising for consideration in this appeal, which is, accordingly, dismissed.
(V. Nath, J) Nitesh/- AFR/NAFR NAFR CAV DATE NA Uploading Date 19.07.2017 Transmission Date