The quality of evidence is more important than the quantity, and witnesses must be given an opportunity to explain any doubts raised about their statements.

JUDGMENT :

1. Heard Mr. Indrajit Sinha, the learned counsel assisted by Mr. Ajay Kumar Sah and Mr. Rishabh Kumar, the learned vice counsels appearing on behalf of the appellants.

2. This Second Appeal has been filed being aggrieved and dissatisfied by the order/ judgment dated 30.08.2012 (decree signed on 17.09.2012) passed by learned District Judge-I, Dumka in Title Appeal No.10 of 1998 whereby the learned appellate court has been pleased to dismiss the appeal preferred by the appellants and has confirmed the judgment dated 19.02.1997 (decree signed on 09.07.1998) passed by learned Sub-Judge-II, Dumka in Title Suit No.37 of 1988.

3. Title Suit No.37 of 1988 has been instituted by the appellant/ plaintiff for declaration of the adoption of defendant no.1 was not valid and the registered deed dated 26.06.1969 was fraudulent, illegal, invalid and inoperative. The prayer of the cost of the suit was also prayed.

4. The learned trial court by the judgment dated 19.02.1997 after discussing the evidence on record has been pleased to dismiss the suit and in that view of the matter, the plaintiff has filed the Title Appeal No.10 of 1998 which was dismissed by the judgment dated 30.08.2012 by the learned District Judge-I, Dumka and affirming the judgment of the learned trial court. Being aggrieved and dissatisfied of the said judgment, the appellants have filed the present second appeal.

5. It appears from the judgment of the learned trial court as well as the learned appellate court, the plaintiff has instituted the suit alleging therein that:

The case of the plaintiffs as recorded in the plaint in the learned court below in brief is that the plaintiff and defendants are Hindus and governed by Mitakshara School of Hindu Law. The land of J.B.No.43 of Mouza: Saraiyahat is recorded in Gantzer’s “Purcha” in the name of Tilka Osta-grand father of the plaintiff. The plaintiff is in peaceful possession of the said land by inheritance and he is paying rent for the same and the defendants are outsider and have no concern with the recorded tenant Tilak Osta. Further case of the plaintiff is that the recorded tenant Tilak Osta had three sons namely Supari Osta, Ghoghan Osta and Likhar Osta. Supari Osta has got a son namely Mohan Osta (Plaintiff) and two others Ghoghan and Supari Osta died issueless. Ghoghan Osta was a man of un-sound mind and he died twenty years ago in the condition of un-soundness. The plaintiff Mohan Osta came to know at the time of "Bujharat" at Tasdique Camp at Hansdiha in year 1988 about registered deed of adoption bearing No: 962 dated: 28.06.1969 when the defendants falsely claimed over the said land of Tilak Osta on the basis of the alleged deed of adoption. So, cause of action arosed to the plaintiff on 09.08.1988 at Tasdique camp Hansdiha when he knew regarding false deed of adoption. Further case of the plaintiff is that the defendants No: 2 & 3 brought Ghoghan Osta- uncle of plaintiff on 26.06.1969 in the condition of un-soundness of mind at Dumka and without explaining the fact and taking consent, a false registered deed of adoption bearing No: 962 dated: 26.06.1969 was executed by Ghoghan Osta and the contents of the said deed was neither read over nor explained to him. The defendant No: 2 & 3 brought Ghoghan Osta at Registry Office, Dumka and by false representing to Ghoghan Osta, the said deed was executed in favour of defendant No: 1. Ghoghan Osta had not taken adoption to defendant No: 1 on 02.05.1969 or any other day in his life time. There was no any ceremony of giving and taking of adoption at village: Saraiyahat or any place in any time. The recital in the alleged registered deed of adoption regarding ceremony of "Katha Puja" and giving and taking are false and out of imagination. No any "Katha Puja" or any ceremony performed by Ghoghan Osta regarding the alleged adoption. Further case of the plaintiff is that the defendant No: 1 is not an adopted son of Ghoghan Osta and there was no necessity to take adoption by