JUDGMENT :

1. By way of this appeal, the appellant-plaintiff (for short ‘the plaintiff’) has challenged the judgment and decree dated 06.04.2009 passed by Additional District Judge No. 2, Jaipur District, Jaipur (for short ‘the trial court’) in Civil Suit No. 104/2004 (114/99) titled as Ishwar lal Vs. Buniyadi Vikas Grah Nirman Sahkari Samiti Ltd. and others whereby the suit filed by the plaintiff has been dismissed.

2. Brief facts of the case are that plaintiff had filed a suit against the respondents-defendants (for short ‘the defendants’) for cancellation of sale deed dated 01.02.1984 in which plaintiff stated that plaintiff is khatedar of 16 bighas of land situated in Khasra No. 1/268, Village Kalyanpura Tehsil Sanganer, District Jaipur. The plaintiff entered into an agreement for selling 12 bighas of land out of 16 bighas of land with Mitra Grah Nirman Sahkari Samiti Ltd. and rest 4 bighas of land is in the possession of the plaintiff. Another suit between the plaintiff and Mitra Grah Nirman Sahkari Samiti Ltd. (for short ‘the Samiti’) was said to be pending before the Additional District Judge No. 2, Jaipur in which the defendants had pleaded that they had purchased the plainti