MOHAN LAL Vs. JOGINDER LAL AND OTHERS

JUDGEMENT

(1.) Plaintiff has filed Civil 2nd Appeal on the ground that his suit as well as First Appeal has been dismissed. Plaintiff instituted Civil Original Suit before the court of Munsiff, Udhampur against the respondents, wherein he pleaded that he is owner in possession of 02 Kanals and 10 Marlas of land covered under survey No. 23 Min, situated at village Kar Lal Sukhi, Tehsil and District Udhampur for last 50 years. It was further pleaded in the Plaint that defendant no. 1 without any authority of law sold 07 marlas of land out of the suit land in favour of the defendant no. 2. The defendants appeared and filed the First Appeal and issues were framed. Learned trial Judge dismissed the suit of the appellant. The decree of the trial judge was challenged before the Fist Appellate court which stands also dismissed by the First Appellate court.

(2.) In view of the mandate contained in Sec. 100 of the CPC, Civil 2nd Appeal can be admitted to hearing only when substantial question of law is involved.

(3.) Learned counsel for the appellant while referring to the paragraph 4 of the memo of Appeal submitted that question formulated by the Appellant are the substantial question of law.