LAWS(ALL)-1992-3-16

SHEFALI ROY Vs. HERO JASWANT DASS

Decided On March 25, 1992
SHEFALI ROY Appellant
V/S
HERO JASWANT DASS Respondents

JUDGEMENT

(1.) Having heard learned counsel for the parties, we propose to dispose of this appeal finally at the admission stage.

(2.) The present appeal filed under 0.43, R. 1(r) of Civil P.C., is directed against an order dated 1-2-1992 passed by the learned Civil Judge, Kanpur Nagar in Civil Suit No. 839 of 1990, whereby application made under O.39, Rr. 1 & 2, C.P.C. by the plaintiff for restraining the defendants from interfering with her possession over the suit land, has been dismissed.

(3.) The appellant-plaintiff brought an action against the respondents seeking a relief for declaration that sale deeds executed by Hero Jaswant Das (Respondent No. 1) in favour of respondents are not binding on her. An application under O.39, Rr. 1 C.P.C. was also made for restraining the respondents from interferring with her possession of the suit land.