JUDGMENT :

MA No. 105/1999

1. The instant Civil 1st Appeal has been preferred by the appellant- Ghulam Mohd. Matoo, who has been substituted by his legal representatives after his death during the pendency of the Appeal, whereby the judgment and decree dated 23.07.1999 (for short ‘impugned judgment/decree’), passed by the learned Additional District Judge Srinagar (for short ‘the trial court’), in terms whereof the suit of the appellant titled ‘Ghulam Mohd. Matoo Vs. Ghulam Rasool Sofi & Ors.’, initially instituted before this Court on 03.05.1984 and later transferred to the trial court on 09.06.1989, was dismissed, is sought to be set aside.

2. For convenience, the parties before this Court as appellant and respondents shall be referred as ‘plaintiff’ and ‘defendants’, as per their status before the trial court.

3. The plaintiff instituted the suit for declaration of agreement to sell dated 19.10.1977 pertaining to the land measuring 05 kanals 06 marlas comprising of survey No. 438 min situated at Gulab Bagh Srinagar, as null and void, ineffective and unenforceable as against the rights of the plaintiff, with the prayer for grant of injunction for restraining the defendants from inter