CHANDAN SINGH Vs. ATMA RAM AND OTHERS

JUDGEMENT

(1.) This is an appeal by Sardar Chandan Singh, defendant No. 1 arising out of a suit for rectification of a permanent lease deed dated 23-4-1965 executed by Syed Qasim Husain, defendant respondent No. 3 as Mutawalli of Waqft Immam Bara Mohalla Answariyan Masjid Khajoorwali, Sahranpur, defendant respondent No. 2 in favour of Atma Ram, plaintiff respondent No. 1.

(2.) Syed Qasim Hussain as Mutawalli of the Waqf executed a patta on 30-4-1965 in favour of the appellant of plot No. 2139 measuring 11 bighas of Khewat No. 590 for five years.

(3.) Briefly stated the case of the respondent No. 1 was that he was in actual possession of plot No. 2139 for the last 10-12 years before the filing of the suit on 23-12-1965 and that on 23-4-1965 Syed Qasim Hussain as Mutawalli executed permanent lease deed of the said plot in his favour and by mistake plot No. 2138 was typed out in the lease-deed. The lease deed is a bilateral document.