VIJAY BAHADUR Vs. LAKSHMI DEVI

JUDGEMENT

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

(2.) Both these second appeals arise out of common judgments and decrees passed by the trial court and lower appellate court. The trial court passed the decrees in O.S. No. 1045 of 1998 (hereinafter refereed to as 'first suit') and O.S. No. 151 of 1999 (hereinafter referred to as 'second suit'). First suit was filed by the present appellant against Lakshmi and Bhola Nath, respondents in Second Appeal No. 1139 of 2011. Second suit was filed by Lakshmi Devi, respondent No. 1 in the Second Appeal No. 1139 of 2011 and sole respondent in Second Appeal No. 1138 of 2011 against appellant Vijay Bahadur. The first suit was filed by plaintiff for cancellation of agreement for sale dated 09.08.1990 and consequent sale deed dated 30.06.1993/ 02.07.1993 executed pursuant to the agreement and for injunction. The second suit was filed by Smt. Lakshmi Devi on the basis of the same sale deed which was challenged through first suit pertaining to old Plots No. 495 and 516/2 afterwards renumbered as 800 for possession and for mesne profit.

(3.) Civil Judge Junior Division Varanasi decided both the suits through judgment and decree dated 22.05.2006. First suit was dismissed, second suit was decreed and defendant in the said suit (present appellant) was directed to deliver possession to plaintiff of the said suit i.e. Smt. Lakshmi Devi. Damages at the rate of Rs. 500/- per month were also awarded. Against the said judgment and decree present appellant filed two appeals i.e. Civil Appeals No. 28 & 29, both of 2006. A.D.J. Court No. 11, Varanasi through judgment and decree dated 23.09.2011 dismissed both the appeals hence these second appeals.