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2009 Supreme(P&H) 1191

SHAM SUNDER
Sucha Singh – Appellant
Versus
Rajwant Kaur – Respondent


Advocates:
For the Appellant:Mr. Premjit Kalia, Advocate.

JUDGMENT

Sham Sunder, J.:- This Regular Second Appeal is directed against the judgment and decree dated 08.06.2005, rendered by the Court of Additional Civil Judge (Senior Division), Ajnala, vide which it decreed the suit of the plaintiff for recovery of Rs.2,50,000/- as compensation with interest, and the judgment and decree dated 23.08.2006, rendered by the Court of District Judge, Amritsar, vide which the appeal against the judgment and decree of the trial Court, was dismissed.

2. Shorn off unnecessary details, the facts relevant for the decision of the appeal, are that on 27.06.1995 Shaukeen Singh, defendant no.2, servant of Sucha Singh, defendant no.1 was playing obscene songs, on the tape recorder, at a loud voice. Balkar Singh (now deceased) asked Shaukeen Singh, defendant no.2, not to play obscene songs as there were ladies in the surrounding area. Defendant no.2 took ill and reported the matter to Sucha Singh, defendant no.1. He falsely alleged that Balkar Singh (now deceased) had given beating to him. Sucha Singh, defendant no.1 (now appellant no.1) armed with a Takua, Shaukeen Singh, defendant no.2, (now appellant no.2) armed with a Kirpan, Pal Singh, defendant no.3 (now


















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