LALIT UPADHYAY Vs. CIVIL JUDGE

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India has been preferred claiming the following reliefs:

(2.) Brief facts of this case, as noticed by this Court, are that the predecessor in title of the petitioners, Late Shri Shyam Sunder Upadhyay had purchased shops No.15, 16, 17 and 18 from the then Goswami Tilkayat Ji by a registered sale deed dated 15.03.1971. By another registered sale deed dated 24.09.1977, Shri Shyam Sunder Upadhyay purchased the roof of five shops admeasuring 1323 sq. feet from Nathdwara Temple Board. Subsequently, Late Shri Shyam Sunder Upadhyay had purchased the roof of four shops, which were purchased vide sale deed dated 15.03.1971 and roof of the fifth shop which was belonging to Shri Arvind Kumar Bhatt.

(3.) Against the registered sale deed 24.09.1977 regarding purchase of the roof of the fifth shop, a suit for preemption was instituted by Shri Arvind Kumar Bhatt, the owner of the fifth shop, against Late Shri Shyam Sunder Upadhyay and the said suit was registered as Suit No.213/1978.