JUDGMENT

1. This appeal arises against the judgment and decree dated 22.5.1986 passed by learned District Judge, Merta whereby the plaintiff respondent no.1's suit for declaration, possession, pre-emption and damages was decreed in his favour.

2. The plaintiff respondent no.1 filed a suit in the court of District Judge, Merta for cancellation of the sale, possession, preemption and damages against the defendant-appellant, making other respondents no.2 to 8 as defendants stating that the plaintiff-respondent no.1 and one Shri Madan Lal were real brothers. Madan Lal died. Defendant-respondents no.2 to 8 are his legal representatives. Defendant no.8 Kumari Uma is minor and is residing under the guardianship of her mother; defendant no.5 to 8 who were daughters of deceased Madanlal were not a party to the sale but they have been made proforma defendants; plaintiff-respondent no.1 is having 'pattasuda' house situated at Mutho Ka Mohalla, Merta City which was purchased by him; the construction in the house was also carried by him but the name of the deceased Madanlal was inserted in the Patta as he was his younger brother; the Patta stands jointly in the name of defendant respondent no.1 a