Sibghat Ullah Khan, J. - (1.) HEARD learned counsel for the parties at the admission stage.
(2.) THIS is plaintiff's second appeal arising out of O.S. No.23 of 1994 which was dismissed on 24.02.2007 by Additional Civil Judge, Senior Division, Court No.14, Allahabad. Against the said decree plaintiff appellant filed Civil Appeal No.58 of 2007, which was dismissed on 06.04.2009 by A.D.J./ Special Judge, S.C. & S.T. Act, Allahabad hence this second appeal. Matter relates to a portion of a building known by the name of Phoolpur Kothi situate at Muththiganj, Allahabad. There are three co -sharers of the entire property. Lal Chand and Rai Amarnath are owners to the extent of one fourth share, Murlidhar to the extent of one fourth share and Ram Lakhan and Ram Lal to the extent of half share. The case of the plaintiff was that she purchased half share of Ram Lakhan and Ram Lal through sale deed dated 02.03.1988 and that one fourth share of Lal Chand and Rai Amarnath had been given to her by them through Ijazatnama executed by their attorney on 28.01.1974 hence plaintiff became owner of three fourth portion.
(3.) MURLIDHAR who had one fourth share sold the same to Ravi Sahakari Samiti and Ravi Sahakari Samiti sold the property regarding which suit had been filed to the defendant respondent Arvind Pandey through registered sale deed dated 29.04.1987 i.e. about one year before the sale deed of the plaintiff. The part of the property in dispute was shown by the plaintiff to be 85 feet / 30 feet i.e. about 285 square yards, however at other places it was mentioned as 260 square yards. The courts below after thorough examination came to the conclusion that property in dispute was the same which was purchased by the defendant respondent through sale deed dated 29.04.1987.;