A.K. Shrivastava J.—The judgment passed in this appeal shall also govern the disposal of S.A. No. 97/2001 as there is an order dated 11.9.2012 in this appeal as well as in connected S.A. No. 97/2001 to hear both the appeals together. The plaintiff Parasram Dubey and defendant Santosh Kumar are common in both the appeals. The present appeal has arisen from the judgment and decree dismissing the suit of plaintiff for declaration that suit property has already been redeemed and in the alternative a decree of specific performance of contract be passed as well as for the cancellation of sale-deed which has been obtained by the defendants on the basis of fraud. The connected second appeal (S.A. No. 97/2001) has been filed against the judgment and decree passed by two Courts below decreeing the suit of plaintiff on the relationship of landlord and tenant for eviction under the Rent Control legislation namely M.P. Accommodation Control Act, 1961.

2. This is plaintiffs first appeal under Section 96, C.P.C. against the judgment and decree dated 22.11.1998 passed by learned Second Additional District Judge. Katni in Civil Suit No. 100A/1989 dismissing the suit of the plaintiff.

3. In