MANA Vs. RAMNARAYAN AND OTHERS

JUDGEMENT

(1.) This appeal under Section 100 of CPC is at the instance of defendant no.7 challenging the judgment of first appellate court dated 22nd August 2000 whereby the judgment and decree of trial court dated 9/9/1996 is partly reversed.

(2.) At the outset, it would be relevant to mention that this appeal is confined to dispute in respect of survey No. 138 area 0.190 hectare and it is not in respect of other survey numbers which are also the suit property.

(3.) Respondent no. 1 Ramnarayan had filed the suit for declaration, possession and mesne profit on the plea that respondents no. 2 to 6 Manohar Singh and others had sold him the suit land comprising of small agricultural field called Dholi Vala Tukadi and big agricultural field called Adan Berchha Ke Raste Vala. It was pleaded that agricultural land purchased by respondent no.1 was survey No. 129 area 0.937 hectare and survey No. 138 area 0.190 hectare and possession was also delivered to him, but in the sale deed instead of survey No. 181, incorrect survey No. 129 and in respect of area over-writing was done and 0.848 hectare was written, whereas survey No 181 is in the name of some Smile. When this fact came to knowledge of respondent no. 1 he had asked respondents no. 2 to 6 to correct it but they had refused the correction. In the suit it was prayed that appellant be declared title holder of the suit property and possession of suit land in survey Nos. 129 and 138 be delivered alongwith mesne profit.