SOU. PARVATI Vs. SK. RASUL

JUDGEMENT

(1.) These appeals are being disposed of by this common judgment for the reasons that parties to both these appeals are same and the challenges underlying the disputes involved in these appeals are in their form and substance, similar.

(2.) The appellants and respondents in both the appeals are the original plaintiffs and defendants in the two suits that were filed before and decided by the Courts below. For the sake of convenience, the appellants are being refererred to as plaintiffs and the respondents the defendants. It may be mentioned here, respondent No.2 (defendant No.2) in each of the appeals, having died during the pendency of the appeals, has been deleted as partyrespondent No.2 as per the orders passed by this Court.

(3.) Second appeal No. 328 of 1994 is directed against the judgment, order and decree dated 30/6/1994 rendered in Regular Civil Appeal No. 171 of 1985 thereby reversing the judgment and decree of the Civil Judge, Junior Division, Chikhali passed in Regular Civil Suit No. 232 of 1983 on 20/4/1985. Second appeal No. 90 of 2009 has been preferred against the judgment, order and decree passed on 18/11/1997 in Regular Civil Appeal No. 18 of 1994 by 2nd Additional District Judge, Buldana thereby confirming the judgment, order and decree passed on 27/12/1993 by Civil Judge, Junior Division, Chikhali in Regular Civil Suit No. 74 of 1986. In short, both these appeals arise from the disputes as originally involved in Regular Civil Suit Nos. 232 of 1983 and 74 of 1986 prosecuted in between the same parties. The challenges underlying the disputes in both the suits are identical and the only difference in between these two suits is a difference between dates of two sale transactions. In Regular Civil Suit No. 232 of 1983 sale deed executed by deceased defendant No.2 in favour of defendant No.1 on 29/3/1982 has been challenged, whereas, in Regular Civil Suit No. 74 of 1986, sale deed executed by deceased defendant No.2 in favour of defendant No.1 on 22/4/1983 has been challenged. Both these sale deeds relate to portions of an agricultural land from out of land bearing gat No.95 admeasuring 2.44 H.R. (6.02 acres) situated at village Eklara, tahsil Chikhali, district Buldana.