1. - This first appeal under Section 96 of C.P.C. has been filed by the Appellant Sushil Kumar S/o Sohan Lal against the judgment and decree of possession of learned Court of Additional District judge (Fast Track) No. 3, jodhpur dated 15.12.2007 in Civil Suit No. 345/2004 (32/1996), {Madan Singh Bhati through purchaser Sajjan Raj v. Sushil Kumar and Ors. }.

2. Brief facts of the case giving rise to this first appeal are as under:

3. The plaintiff-Madan Singh Bhati filed a suit for permanent injunction before the learned Additional Munsif Magistrate No. 1, jodhpur in respect of Plot No. 44-A situated at Shantipriya Nagar, Near Chirghar, jodhpur (measuring 50' x 90'), which was said to have been purchased by one Balbeer Kumar through registered sale deed dated 24.3.1983. A strip of land adjacent to the said plot was also purchased by said Balbeer Kumar by a registered sale deed dated 19.9.1986. The said Balbeer Kumar executed an agreement to sell for a sum of Rs. 25,000/- in respect of said plot No. 44-A in favour of defendant- Sushil Kumar, which was registered on 14.1.1988. While the said agreement to sell dated 14.1.1988 was subsisting, however, no conveyance deed or sale