RAJNI KANT Vs. LAXMI NATH

JUDGEMENT

(1.) Defendants-appellants have preferred instant civil first appeal u/s 96 of the Code of Civil Procedure, assailing the judgment and decree dtd. 4/11/1991 passed in Civil Suit No.115/1991 titled Laxmi Nath Vs. Rajni Kant & Anr. by the Court of Additional District Judge No.1, Bharatpur, whereby and whereunder a registered sale deed dtd. 30/4/1986, executed by defendant No.1 Rajni Kant in favour of defendant No.2 Madan Lal in respect of shop in question, has been declared null & void qua respondent-plaintiff and the civil suit filed by respondent-plaintiff, claiming preferential right to purchase the shop in question has been decreed in aforesaid terms. It is worthy to mention that although plaintiff made a prayer for possession of shop in question, but such prayer was declined by the trial Court and the claim of plaintiff to purchase the shop in question too was rejected, however, the sale deed, through which appellantdefendant No.2 purchased the shop in question, was declared null & void.

(2.) In order to decide the present first appeal on merits, it is necessary to recapitulate the factual matrix of the present case, as culled out from the record. In nutshell, facts of the present case are that:-

(3.) Heard learned counsels for both parties on first appeal as well as on the application under Order 41 Rule 27 CPC on merits and perused the record.