KANHAIYA LAL Vs. 1ST ADDL DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) Heard Learned Counsel for the parties.

(2.) A suit for specific performance of an agreement for sale of specified agricultural plots dated 20.12.1974 was instituted by the petitioner against respondents No. 2 and 3, Nawab Singh and Babu Lal (O.S. No. 109 of 1976). The suit was decreed. The decree became final on 1.9.1979 and the real trouble of the plaintiff petitioner decree holder started thereafter. The decree was put in execution by the petitioner. The sale deed was executed by the executing court on 29.8.1980 and possession of the property in dispute was delivered to the petitioner on 10.11.1980. However, during consolidation plot numbers of the property in dispute had changed. An application was filed by the plaintiff petitioner under Sections 151, 152 and 153, C.P.C. for correction of agreement for sale, plaint, judgment and decree and dakhalnama on 1.12.1980. The application (Misc. Case No. 70 of 1983) was allowed on 21.7.1984 by Civil Judge, Mathura and it was directed that the agreement for sale, plaint, judgment and decree and dakhalnama be corrected and the new plots numbers in place of old plot numbers be written. The application had been registered as Misc. Case No. 70 of 1983 and was allowed by Civil Judge, Mathura on 21.7.1984. Against the said order respondents No. 2 and 3 filed Civil Revision No. 142 of 1984, which was allowed on 19.2.1986 by 1st Additional District Judge, Mathura, hence this writ petition.

(3.) In the plaint and the agreement, plot numbers mentioned were 7512, 7513, 7514 and 7516, total area 1.78 acres. Numbers of plots sought to be corrected were 8411, 8412, 8414 and 8415 with almost the same area.