JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 10.12.2019 passed by the High Court of Judicature at Allahabad in Second Appeal No. 330/2001, by which the High Court has dismissed the second appeal and has confirmed the judgment and decree passed by the first appellate Court reversing the judgment and decree of dismissal of suit passed by the learned trial Court, the original defendant has preferred the present appeal.

2. The facts leading to the present appeal in a nutshell are as under:

That the respondent herein – original plaintiff (hereinafter referred to as the ‘original plaintiff’) instituted Original Suit No. 696 of 1997 before the learned trial Court for permanent injunction only. The said suit was filed on the basis of an unregistered agreement to sell dated 23.03.1996. The original plaintiff sought permanent injunction restraining the defendant from disturbing her possession in the suit property.

2.1 In the said suit, the appellant herein – original defendant filed a counter-claim seeking the decree of possession.

2.2 The learned trial Court dismissed the suit filed by the original plaintiff and refused to grant permane