MAHABOOBSAB Vs. NABISAB AND ORS.

JUDGEMENT

(1.) THIS second appeal is by the plaintiff. Suit filed to pass decree of declaration and perpetual injunction was dismissed and an appeal filed also having been dismissed, this second appeal was filed.

(2.) THE appellant filed the suit to pass a decree against the defendants for preferential right to purchase the suit property and for grant of mandatory injunction in respect of one room and verandah bearing Mandal Panchayat House No. 19/96 of Kalkam, sold by defendant No. 1 to defendant No. 2. Defendant No. 1 is the brother of the plaintiff and defendant No. 2 is the purchaser of the aforesaid property from defendant No. 1. Father of the plaintiff and the defendant No. 1, who was a railway employee, had purchased plot measuring 25 ft. x 25 ft. at Wadi, during the year 1965 and thereafter, constructed three rooms. Since defendant No. 1 sold one room and verandah out of the said property to defendant No. 2, O.S. No. 130/1993 was instituted. There being a compromise the suit was dismissed for non -prosecution. Thereafter, O.S. No. 39/2004, was filed on 03.07.2004, to grant the aforesaid relief. Suit was contested by the defendants by filing written statements. The Trial Court, considering the pleadings of the parties framed the following issues:

(3.) WHAT order of decree -