C.K. Prasad, J

1. This is plaintiffs appeal under section 100 C.P.C. Second Addition District Judge, Raipur by judgment and decree dated 20.3.1976 passed in Civil Suit No. 1 A of 1971 decreed the plaintiffs' suit and held that they are the owners of house no. 25/5-1, 2 and plot bearing no. 25/5-1, 3 in Kankajipada Ward in the district of Raipur and the defendant was restrained from ejecting them or their tenants. The defendant's counter claim for possession of the same property and mesne profits was dismissed. Aggrieved by same defendant preferred First Appeal No. 129 of 1976 and this Court by its judgment and decree dated 9.8.1980 allowed the appeal and dismissed the plaintiffs' suit. Decree in relation to dismissal of the counter claim of the defendant for possession of the property and mesne profits, was set aside and the matter remitted back to the trial Court for deciding the counter claim. It is common ground that plaintiffs thereafter filed Civil Appeal No. 6136 of 1983 before the Supreme Court but the same has been dismissed.

2. After the remand, the counter claim of the defendant was heard and decided by First Civil Judge, Class I, Raipur and by judgment and decree date