NASIB KAUR Vs. COL. SURAT SINGH

JUDGEMENT

(1.) Leave granted.

(2.) These are the appeals against the common judgment dated 11.11.2009 of the High Court of Punjab and Haryana in R.S.A. Nos. 2579 of 1997 and 2482 of 2008 by way of special leave under Article 136 of the Constitution.

(3.) The facts very briefly are that Col. Surat Singh filed Civil Suit No. 735-T on 18.04.1987 for declaration that the plaintiff was the owner and was in possession of suit land. The plaintiff's case in the suit was that while he was in joint holding of some land, he sold 2 bighas and 16 biswas of land out of his share without specifying any khasra nos. to Col. Girdhar Singh and his family members (defendant nos. 1 to 4) and thereafter defendant nos. 1 to 4 sold the land in pieces to defendant nos. 5 to 8 in the suit specifying the khasra nos. and mutation nos. 1120 and 1174. As the plaintiff did not sell the land specifying the khasra nos. to Col. Girdhar Singh and his son, they had no right to sell specific pieces of land with specific khasra nos. The plaintiff's further case in the plaint was that the specific khasra nos. which had been mutated in favour of defendant nos. 3, 4 and 5 were not in accordance with the registered sale deed in favour of Col. Girdhar Singh and his family members. Defendant Nos. 1 to 4 did not contest the suit, whereas defendant Nos. 5 to 8 appeared and filed their written statements. On the pleadings of the parties, the trial court framed issues and by its judgment and decree dated 20.02.2004 found that the areas of land sold under the sale deed dated 17.07.1978 by the plaintiff was less by 1 Biswas than the area in the mutation entries and similarly the area of land sold by the plaintiff as Attorney of Nanak Singh was less than the area shown in the mutation entries. The trial court, therefore, ordered for correction of the mutation entries, but directed that the corrections to be carried out would have no effect as regards the possession of the suit property, which has to continue as before and would be liable to be changed as and when any partition proceeding is effected between the co-sharers. Col. Surat Singh filed an appeal C.A. No. 1721 on 20.03.2004 before the Additional District Judge, Patiala, but by judgment and decree dated 18.03.2008 the Additional District Judge, Patiala, dismissed the appeal.