MOHAN LAL Vs. DEWAN DEVI

JUDGEMENT

(1.) The Plaintiff having failed in both the Courts below, has filed the present second appeal before this Court. The facts of the case are quite complicated. I find it appropriate to extract the same from the judgment of learned Additional District Judge, Doda, where these have been summarized as under:-

(2.) On pleadings of the parties, the learned trial court framed the following issues:-

(3.) As far as the first issue is concerned, the learned courts below have recorded a definite finding that the civil litigation generated was an afterthought after registration of a criminal case. The conviction in that case was upheld upto this Court. Entire material has been proved on record in the criminal case that the police had seized the articles from the house of Mst. Baru-defendant No. 4 in the plaint. In the light of the aforesaid facts being on record with no contrary evidence led, there is no error in the finding recorded by the courts below on that.