7.Considering the case projected by the plaintiff and the documents put forth by him, it is seen that the plaintiff claims that he has purchased the suit property by way of a sale deed dated 29.04.1982 marked as Ex.A1. However, as rightly determined by the Courts below, the plaintiff has failed to establish that he had acquired the suit property as described in the plaint, by way of Ex.A1 sale deed. On a perusal of the property comprised in Ex.A1 sale deed, the East-West measurement is found to be only measuring an extent of 39'. For claiming the property measuring East- West 42', the plaintiff is found to be relying only upon the patta document projected by him and when the patta document cannot be relied upon by the plaintiff for sustaining his claim of title to the suit property as described in the plaint and barring the patta projected by him, the plaintiff has no other materials to hold that he has title to the suit property, particularly, the alleged portion said to have been encroached by the defendant described as the plaint “B” schedule property and when the plaintiff is found to be relying only upon the Commissioner's report marked in the case inclusive of the Surveyor's report and when the title to the suit property claimed by the plaintiff cannot be upheld based on the Commissioner's report and when the title deed projected by the plaintiff marked as Ex.A1 does not advance his case in any manner as determined by the Courts below and furthermore, despite the challenge put forth by the defendant to the claim of title of the plaintiff qua the suit property, the plaintiff having not come forward with the suit for the relief of declaration as per law, in all, it is found that the Courts below had analysed and assessed the materials placed on record in the right perspective and correctly held that the plaintiff is not entitled to the property measuring East- West 42' and thereby, not entitled to the plaint “B” schedule property and in such view of the matter, the Courts below are justified in https://hcservices.ecourts.gov.in/hcservices/ dismissing the plaintiff's suit and in my considered opinion,
