AMARJIT SINGH Vs. GURNAM SINGH AND ORS

JUDGEMENT

(1.) By this common judgment, I am disposing of two appeals i.e. RSA No. 3980 of 2008 and RSA No. 3984 of 2008.

(2.) Amarjit Singh appellant filed suit against respondents No. 1 to 3 for permanent injunction alleging that appellant is owner in possession of the suit land comprised of khasra No. 677/1 (0-2) situated in village Kaboolpur. Appellant's uncle Daya Singh was previously owner in possession thereof. He was issueless. He gifted suit land alongwith other land to the appellant vide registered gift deed dated 15.2.1968 and since then the appellant is owner in possession of the suit land. Respondents No. 1 to 3 without having any right, title or interest in the suit land threatened to dispossess the appellant therefrom forcibly and illegally. Accordingly, appellant sought permanent injunction restraining respondents No. 1 to 3, (defendants in the said suit) from dispossessing the appellant from the suit land forcibly and from interfering in his possession thereon in any manner.

(3.) Respondents No. 1 to 4 filed a separate suit against the appellant alleging that appellant's uncle Daya Singh was owner of land of khasra Nos. 813, 539 and 676/1 as per jamabandi for the year 1957-58, but in subsequent jamabandis, due to clerical error of revenue officials, khasra No. 676/1 was wrongly recorded as 677/1 but in fact no khasra No. 677/1 existed at the spot as per masavi and Daya Singh was owner in possession of khasra No. 676/1 but due to clerical error in jamabandi, Daya Singh executed gift deed of khasra No. 677/1 instead of 676/1 in favour of the appellant. On the other hand, Sunder Singh relative of respondents No. 1 and 2 gifted his 1/3rd share in 45 bighas 18 biswas land of khasra Nos. 811, 376, 382, 383, 375, 729, 737, 544, 650, 695, 520 and 677 in favour of Santa Singh father of respondents No. 1 and 2 vide registered gift deed dated 22.3.1967. Accordingly, Santa Singh took possession of the gifted land including land of khasra No. 677 and after his death respondents No. 1 and 2 came in possession of the gifted land alongwith other co-owners. The mistake in khasra number mentioned above came to notice of respondents when the appellant filed suit against respondents No. 1 to 3. Accordingly, respondents in their suit sought declaration that the appellant is not owner of khasra No. 677/1 (0-2) and entries in jamabandis since 1961-62 onwards are liable to be corrected to make it khasra No. 676/1(0-2). Respondents also sought relief of joint possession of land of khasra No. 677/1.