A second appeal under Section 100 CPC cannot challenge concurrent factual findings unless substantial questions of law are presented.

JUDGMENT :

(Ashok Kumar Jain, J.) :

1. Instant second appeal is preferred by appellants-defendants aggrieved from dismissal of Civil Regular Appeal No.27/2006 (127/2001) by learned Additional District Judge (Fast Track) No.7, Jaipur City, Jaipur, on dated 21.07.2010 and affirming the judgment and decree dated 21.03.2001 in Civil Suit No.86/1979.

2. The facts giving rise to the instant second appeal are that, the original-plaintiff-Rawal Rajeshwar Singh, Smt. Roopraj Laxmi with two minor plaintiffs-Raghvendra Singh and Yadvendra Singh had filed a suit for occupation, dispossession and mesne profit against Narayan Singh on 06.04.1979 indicating that defendant-Narayan Singh was provided with the premises mentioned in para no.2 of the plaint on license, as an employee of the plaintiff but when he was asked to work at Samod, District Jaipur then he did not return to duty from 01.06.1976 onwards. As a result his services were terminated from 01.09.1976 and the license was also terminated, therefore, a notice dated 03.01.1977 was served for handing over possession of the suit property and also demanding for mesne profit.

3. The original defendant has denied that due to his employment, the premises was given on license. The claim of license was denied by the defendant. The defendant has also denied the family settlement of the plaintiff and further claimed that defendant is in possession of the suit property from time of his forefather as the property was orally gifted to his forefather and at last protection of adverse possession also claimed by him.

4. During pendency of the civil suit Rawal Rajeshwar Singh and Smt. Roopraj Laxmi were expired and their legal representatives were substituted. The defendant-Narayan Singh was also expired and his legal representatives were substituted. Amended plaint and amended written statement were filed by both the parties.

5. Learned Trial Court has framed six issues and later framed three additional issues.

6. Total seven witnesses were examined by the plaintiffs and 23 documents were exhibited by the plaintiff. DW1 was examined on behalf of defendant and five documents exhibited. Learned Trial Court after considering the material on record has decided the issue nos.1, 2, 5 and 8 in favour of plaintiffs and against the defendant but issue nos.3, 4, 7 and 9 against the defendant and in favour of plaintiff. As a result of which the following decree was passed in favour of plaintiff and against the defendants (appellants herein):-

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7. Aggrieved from the aforesaid, a civil regular appeal was preferred by the appellants-defendants before learned District Judge and same was transferred to learned Additional District Judge (Fast Track) No.7, Jaipur City, Jaipur and this appeal was dismissed on 21.07.2010 but the decree was modified by the Appellate Court in the following manner:-

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