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SHRI NOP CHAND v BALDEV AND ORS - CSA Case No. 487 of 2006  RD-RJ 2826 (20 November 2006)
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Second Appeal No.487/2006
Shri Nop Chand S/o Daula Ram ...plaintiff-appellant
Baldev S/o Bhorinlal & Others ...defendant-respondents
Date of Order ::: 20.11.2006
Hon'ble Mr. Justice Narendra Kumar Jain
Shri Ajeet Bhandari, Counsel for plaintiff-appellant ####
By the Court:-
Heard learned counsel for the plaintiff- appellant.
The plaintiff-appellant filed a suit for possession as well as mesne profit in respect of the property, in dispute, which was dismissed by the lower court. The judgment and decree passed by the lower court has been affirmed by the first appellate court also.
I have heard the learned counsel for the plaintiff-appellant and after considering his submissions in the light of the findings of both the courts below, I find that the controversial issues involved in the present case relate to the questions of fact and there is concurrent finding of fact by both the courts below, which cannot be interfered with by this Court in second appeal under Section 100 of the C.P.C.
No substantial question of law is involved in this second appeal and the same is accordingly dismissed in limine.
(Narendra Kumar Jain) J. //Jaiman//
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