MAHADEO PRASAD BURNWAL Vs. ATPENDRA ROY CHOUDHARY

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been preferred against the judgment dated 28.4.2004, passed by learned Additional District Judge, Fast Track Court-Ill, Deoghar in Title Appeal No. 8 of 2002 whereby the lower appellate Court has set aside the order dated 11.8.2002 passed by learned trial Court, rejecting the petition filed by the appellant-defendant No. 4 under Order VII, Rule 11, C.P.C.

(3.) The plaintiff filed suit being Title (D) Suit No. 54 of 2001 in the Court of Sub-Judge-I, Deoghar praying relief for declaration that the plaintiff is a co-owner and has a preemptory right to purchase the suit property and for permanent injunction, restraining the defendants from transferring the suit property or from altering the status of the property.