ANJANI KUMAR
Ashok Vidyarthi – Appellant
Versus
Srilekha Vidyarthi – Respondent
Anjani Kumar, J.—This writ petition was heard by this Court and after hearing the petitioner, who appeared in person as well as learned counsel appearing on behalf of the respondents, the same was dismissed on 26th August, 2004 for the reasons to be recorded later on. Now here are the reasons for dismissing the aforesaid writ petition.
2. The facts leading to the filing of present writ petition are that the petitioner-respondents are of springs of two wives of late Hari Shanker Vidyarthi. Mrs. Rama Vidyarthi, who was subsequently substituted by respondent Nos. 1 and 2 as plaintiffs, filed suit No. 37 of 1969 under Section 6 (1) of the Specific Relief Act, 1963 with the allegation that the plaintiff and defendant No. 1, namely Mrs. Rama Vidyarthi and Mrs. Savitri Vidyarthi, both are the wives of late Hari Shanker Vidyarthi, who died on 14th March, 1955. The defendant No. 2, petitioner in the present writ petition, is the son of defendant No. 1 and defendant No. 3 is the wife of defendant No. 2. It is further alleged that the plaintiff is the sole owner in possession of house No. 7/89, Tilak Nagar, Kanpur, having purchased it by registered sale deed dated 27th September, 1961
Cases referred.—AIR 1974 All 69 (Para 7) : 2003 (3) AWC 2198
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