SMT. JAGRANI DEVI Vs. ARVIND PANDEY

JUDGEMENT

(1.) HEARD learned counsel for the parties at the admission stage.

(2.) THIS is plaintiff's second appeal arising out of O.S. No.23 of 1994 which was dismissed on 24.02.2007 by Additional Civil Judge, Senior Division, Court No.14, Allahabad. Against the said decree plaintiff appellant filed Civil Appeal No.58 of 2007, which was dismissed on 06.04.2009 by A.D.J./ Special Judge, S.C. & S.T. Act, Allahabad hence this second appeal.

(3.) MURLIDHAR who had one fourth share sold the same to Ravi Sahakari Samiti and Ravi Sahakari Samiti sold the property regarding which suit had been filed to the defendant respondent Arvind Pandey through registered sale deed dated 29.04.1987 i.e. about one year before the sale deed of the plaintiff. The part of the property in dispute was shown by the plaintiff to be 85 feet / 30 feet i.e. about 285 square yards, however at other places it was mentioned as 260 square yards. The courts below after thorough examination came to the conclusion that property in dispute was the same which was purchased by the defendant respondent through sale deed dated 29.04.1987.