PRAKASH GUPTA,J. - (1.) The instant Civil Second Appeal under Section 100 CPC has been filed by the appellants aggrieved by the judgment and decree dated 30.9.1999 passed by learned Addl. District Judge No.9, Jaipur City, Jaipur (hereinafter referred to as the 'appellate court') in Civil Regular Appeal No.54/1999 whereby the 'appellate court' has quashed and set aside the judgment and decree dated 19.03.1987 passed by the learned Civil Judge No.5, Jaipur City (hereinafter referred to as the 'trial court') and decreed the civil suit filed by the plaintiffs against the defendants for declaration of the sale-deed dated 6.9.1968 as null and void, possession of the property etc.
(2.) The facts in brief for the purpose of deciding the appeal are that plaintiffs-original respondents No.1 to 4 filed a suit for declaration, seeking possession and injunction for the disputed property i.e. shop.
(3.) The case of the plaintiffs before the trial court was that the disputed property i.e. a shop described in para of the plaint was gifted by Ms. Bashiram W/o Abdul Samad, defendant No.1 (since dead) and Abdul Rehman son of Ellahibux to the father of the plaintiffs Mohd. Ibrahim vide the gift deed dated 08.02.1958 (Ex.3) and the plaintiffs being the heirs of Mohd. Rehman were entitled to the property. It is also the case of the plaintiffs that the sale deed dated 06.09.1958 (Ex.A-11) executed by the defendant No.1 to 6 in favour of the defendant Nos.7 to 9 was void as against the right of the plaintiffs as the defendant No.1 had already gifted the disputed property, therefore, she had no right to sale that property. It is also prayed that the defendants be restrained by permanent injunction from raising any construction in the disputed shop.;