RAMA SHANKER Vs. RAJA RAM

JUDGEMENT

(1.) HEARD Sri R. P. Dubey, learned counsel for the appellant and Sri Aditya Narain, learned counsel for the respondent.

(2.) THIS second appeal has been fled against the judgment and decree dated 13.4.2007, passed in Appeal No. 9 of 2006 by the Special District Judge (E. C. Act), Varanasi confirming the judgment and decree passed by the Civil Judge, Senior Division, Varanasi in Suit No. 1103 of 1997.

(3.) FROM a perusal of the impugned judgment it will be seen that the submission made on behalf of the appellant was duly considered by the courts below and the courts below found that the land of Chak No. 284 consisted of two Arazis having total area 0.151 hectare and was allotted at the same spot and the boundaries as mentioned in the agreement of sale remained the same except that an area of 0.006 hectare was increased upon it being given a new number 281. Consequently both the courts below have found that the agreement of sale related to the land in suit and therefore, it could be enforced. Insofar as the suit for injucntion filed by Rama Shankar is concerned the same was dismissed by the courts below.