IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Second Appeal No.278/2004 Khawaju Khan S/o Shri Abdul Rehman ...defendant-appellant Versus Abdul Hafiz S/o Shri Abdul Karim ...plaintiff-respondent AND Sabir S/o Ramzani Fakir ...defendant-respondent Date of Order ::: 11.10.2006 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Mahesh Gupta, Counsel for defendant-appellant #### By the Court:- Heard learned counsel for the defendant- appellant. The plaintiff-respondent filed a suit for permanent injunction and possession in respect of the disputed plot. The defendant-appellant filed counter- claim in the said suit. The learned lower court dismissed the suit as well as the counter-claim. Being aggrieved with the same, both the parties preferred first appeals, but the learned first appellate court, vide its impugned judgment, dismissed the appeals filed by both the parties. This second appeal has been preferred on behalf of the defendant-appellant in respect of his counter-claim. I have considered the submissions of the learned counsel for the defendant-appellant. The controversial issues involved in the present case relate to question of fact and there is a concurrent finding of fact by both the courts below, which cannot be interfered with by this Court in second appeal under Section 100 of the CPC. No substantial question of law is involved in this second appeal and the same is dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//