SUDESH KUMARI AND ORS Vs. HANS RAJ

JUDGEMENT

(1.) This is second appeal by legal representatives of Kartara Defendant since deceased.

(2.) Suit was filed by Respondent -Plaintiff Hans Raj against Kartara. In the said suit, Kartara while contesting the suit also filed counter claim. Learned Civil Judge (Junior Division), Hoshiarpur Camp at Dasuya vide judgment and decree dated 6.5.2003 decreed the Plaintiff's suit and dismissed the counter claim of Defendant regarding 8 kanals 14 marlas land. In first appeal preferred by the Defendant, he did not challenge the judgment and decree of the trial court to the extent of decreeing suit of the Plaintiff-Respondent but confined the claim in first appeal to the counter claim. Even regarding counter claim, the claim was confined to 4 kanals 10 marlas land out of 8 kanals 14 marlas land mentioned in the original counter claim. Learned District Judge, Hoshiarpur vide judgment and decree dated 1.12.2006 has decreed the counter claim of Defendant regarding 4 kanals 10 marlas land. In spite thereof, legal representatives of the Defendant have approached this Court by way of instant second appeal.

(3.) I have heard learned Counsel for the parties and perused the case file.