VIJAY BAHADUR YADAVA, J.

( 1 ) HAVING heard learned counsel for the parties, we propose to dispose of this appeal finally at the admission stage.

( 2 ) THE present appeal filed under O. 43, R. 1 (r) of Civil P. C. , is directed against an order dated 1-2-1992 passed by the learned Civil Judge, Kanpur Nagar in Civil Suit No. 839 of 1990, whereby application made under O. 39, Rr. 1 and 2, C. P. C. by the plaintiff for restraining the defendants from interfering with her possession over the suit land, has been dismissed.

( 3 ) THE appellant-plaintiff brought an action against the respondents seeking a relief for declaration that sale deeds executed by Hero Jaswant Das (Respondent No. 1) in favour of respondents are not binding on her. An application under O. 39, Rr. 1 and 2, C. P. C. was also made for restraining the respondents from interferring with her possession of the suit land.

( 4 ) IN short the case of the appellant-plaintiff is as under: the appellant-plaintiff is owner of plot Nos. 461, 360, 361, 381, 367, 368, 369, 374 and 376 measuring an area of 4 Bighas, 8 Biswas and 10 Biswansis located in village Gajjupurwa, Jajmau, Kanpur Nagar.

( 5 ) IT is averred that the appellant w

Click Here to Read the rest of this document