RAJ BAI Vs. UDAY PRATAP SINGH

JUDGEMENT

(1.) Heard counsel for the parties. We are in agreement with the submission made by counsel for the petitioner that the learned Single Judge ought to have analysed the mater in the context of factual position emanating from the sale deeds Ex. D -2 and P -1 on record, keeping in mind the legal exposition in the case of Sheodhyan Singh and others Vs. MST. Sanichara Kuer and others, 1963 AIR(SC) 1879, in particular, Para 7 thereof. That has been completely glossed over by the learned Single Judge, merely because it is a case of mis - description of Block Numbers. That cannot be the sole basis when the sale deed also gives unambiguous description of the boundaries in which case the mistake in the plot numbers cannot be treated mere mis -description which does not affect identity of the sole property.

(2.) Without observing anything further, we, therefore, recall the order under review and restore the Second Appeal No.469/2006 to the file to its original number to proceed for admission before learned Single Judge. The restored second appeal be listed on 17.2.2014 for admission. Review petition is disposed of accordingly.