UDAY UMESH LALIT,J. - (1.) Leave granted.
(2.) This appeal questions the final judgment and order dated 18.08.2017 passed by the High Court of Judicature for Rajasthan at Jaipur in SBRFA No.511 of 2016.
(3.) The appellant filed a suit for declaration of title with respect to premises in Kasba Fatehpur's main market which were more particularly described in the plaint and prayed that he be declared owner of the premises and that the sale deed dated 24.07.2006 executed by the first defendant in favour of the second defendant be cancelled. The material averments in the plaint were: (a) A shop in said premises was held by the first defendant, namely, father of the appellant on rent from the erstwhile owner; (b) The first defendant having become old, it was the appellant who had been looking after the entire business; (c) The erstwhile owner had filed suit for possession which matter came right upto this Court; (d) There was a compromise between the erstwhile owner and the first defendant under which the premises where the shop is situate, were agreed to be sold in favour of first defendant; (e) The first defendant was not having enough money and as such it was the appellant who arranged all the money on his own after borrowing from money lenders on interest; (f) At the time of preparing the sale deed, the first defendant had indicated that the premises be taken in his name; (g) Even after purchase of the premises in the name of the first defendant, the appellant was conducting the business in the said shop; (h) The first defendant had executed a document on a stamp paper on 14.03.2002 in the presence of witnesses which was verified by Notary Public acknowledging that the appellant had paid the entire consideration towards purchase of the premises. (i) The second defendant was also a tenant in the premises and after the purchase as aforesaid he was making payment of rent to the appellant. (j) Taking undue advantage of the old age and fragile health of the first defendant, the second defendant got written a document in his favour with respect to first floor of the disputed shop from the first defendant on 19.07.2002. With the case as aforesaid, Civil Suit No.126 of 2006 was filed by the appellant in the court of District Judge, Sikar. ;