JUDGMENT :- 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.

4. The case of the plaintiff was that the plaintiff and the defendants are co-owners of the joint property being Plot Nos.196, 197 and 207 (part) also numbered as Town Plot No. 1401, measuring 4 Kattha, 10 Dhur, equivalent to 0.26 acre. The said land was acquired by Rohini Estate and was settled with Haldhar Mishra. Said Haldhar Mishra came in possession of the said land and constructed a Pucca building and started living therein.

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