Hon’ble Prakash Krishna, J.—The beautiful natural relation of love, affection and mutual trust between the two sisters has been drifted apart for a small piece of land measuring 162 Sq. Mtrs.

These two first appeals have been preferred under section 96 of the Civil Procedure Code against the judgment and decree dated 27th of March, 2010 passed by the First Additional Chief Judicial Magistrate, Gautam Buddha Nagar in O.S. No. 584 of 2005 whereby the Court below has dismissed the suit so far as it relates to grant of permanent injunction and specific performance of contract to sell dated 18.5.2005 but decreed the suit for recovery of Rs. 7,64,795/- alongwith pendente lite and future interest @ 6 per cent per annum. The dispute relates to a residential plot No. 155 area 162 Sq. Mtrs. situate in Block D, Sector 50, NOIDA. The said parcel of land was admittedly allotted and sold for residential purposes by NOIDA Authority to Nisha Richhariya/defendant No. 1 and is not an ancestral property.

2. Smt. Prabha Awasthi, the plaintiff who is appellant in First Appeal No. 188 of 2005, instituted the above suit No. 584 of 2005 against Nisha Richhariya, defendant No. 1 (herein after call