Hon’ble Sudhir Agarwal, J.—Both these appeals are connected involving common questions of facts and law and therefore have been heard together and are being decided by this common judgment.

2. First Appeal No. 629 of 2005 was filed before this Court under Section 96 of Code of Civil Procedure (hereinafter to referred as “CPC”) and First Appeal No. 177 of 2006 has been registered after its transfer from the Court of VIIth Additional District Judge, Kanpur Nagar pursuant to this Court’s order dated 21.11.2005.

3. First Appeal No. 629 of 2005 (hereinafter to referred as “Appeal-II”) is a plaintiff’s appeal arisen from the same judgment dated 30th of May, 2005 and decree dated 5.7.2005 passed by Sri B.P. Saxena, Additional Chief Metropolitan Magistrate - IV/Additional Civil Judge (Senior Division), Kanpur Nagar in Original Suit No. 1300 of 1994 (hereinafter to referred as “Suit-2”) whereby suit has been dismissed.

4. First Appeal No. 177 of 2006 (hereinafter to referred as “Appeal-I”) has also arisen from the same judgment dated 30th of May, 2005 and decree dated 5.7.2005