(1.) Both first appeals have arisen out of two separate civil suits for pre-emption, wherein parties are common and some of issues related to law of pre-emption are also common, although facts and properties are slightly different but both appeals are tagged and with consent of learned counsel for both parties, have been heard together and, would stand decide by this common judgment.
(2.) Relevant facts, in nutshell to give rise both appeals are as under:-
(3.) During pendency of both civil suits, the original plaintiff Damodar Lal passed away and in his place his son Kunj Bihari Lal was substituted. Kunj Bihari Lal filed both first appeals and during first appeals, he has also passed away, therefore, his legal representatives have been substituted, who are the present appellants in both appeals would be referred to as "plaintiff". In first appeal No.104/1990, respondents No.4 to 9 and in first appeal No. 2/1993 respondents No.5 to 10 are other natural heirs of deceased Damodar Lal (original plaintiff) and they are proforma respondents. Respondent-defendant No.1 is alive and respondents No.2, 3, vendor and Patasi Devi has also passed away. Other respondents were contesting defendants before the trial court are hereinafter referred to as 'defendants'.
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