C.A.VAIDIALINGAM, J.M.SHELAT
Sohbatdei – Appellant
Versus
Deviplal – Respondent
Judgment
VAIDIALINGAM, J.: These two appeals by special leave are directed against the common judgment and decree dated March 10, 1966 of the Allahabad High Court in Second Appeals Nos. 3583 and 5177 of 1961.
2. As there were two suits out of which these two appeals arise, we will now refer to the parties as they are arrayed in Civil Original Suit No. 14 of 1957. The appellant, who is the same in both the appeals, instituted Civil Original Suit No. 14 of 1957 in the Court of the Additional Civil Judge, Basti, for a declaration that she is the owner of the suit properties mentioned in list A of the plaint therein and was in possession of the same. In the alternative she prayed that the defendants may be directed to execute a sale deed in her favour in respect of the said properties on receipt of a sum of Rs. 6,500/- deducting the amount of Rs. 3,500/- already claimed to have been paid by her. In default of execution of the sale deed by the defendants, she prayed for the sale deed being executed through court. She also prayed for the issue of an injunction restraining the defendants from interfering with her peaceful possession and enjoyment of the suit properties.
3. The case of the pl
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