BASTI RAM Vs. NAHAR SINGH

JUDGEMENT

(1.) This is second appeal by plaintiffs, who have been unsuccessful in both the courts below.

(2.) Plaintiffs alleged that they are owners in possession of suit land measuring 8 kanals comprised of rectangle No. 42 killa No. 11, which has been wrongly recorded in the ownership of defendants No. 1 and 2. According to the plaintiffs, the suit land was purchased by Paul Singh vide sale deed dated 11.12.1964 from Naib Tehsildar (Sales) defendant No. 6. Paul Singh sold the suit land to Bishan Singh, who sold it to Basti Ram plaintiff No. 1 and Sarbati. Sarbati sold her half share in the suit land to plaintiff No. 2 Ghisa Ram. The plaintiffs are thus owners in possession of the suit land. Kurda Ram father of defendants No. 1 and 2 had also purchased some land from defendant No. 6 vide sale deed dated 11.12.1964, wherein the suit land was wrongly included. However, the same was corrected by defendant No. 6 after recording statement of Kurda Ram. However, name of Kurda Ram continued in the revenue record and defendants No. 1 and 2 being his son and daughter respectively were subsequently recorded to be owners of the suit land in the revenue record. In the alternative, the plaintiffs alleged that they have been wrongly recorded to be owners in possession of another 08 kanals land of rectangle No. 42 killa No. 2 in the revenue record, but in fact, the plaintiffs never purchased the said land. The said land has been purchased by defendants No. 3 to 5. Accordingly, the plaintiffs, in the alternative, claimed that they be declared to be owners of land of khasra No. 42//2.

(3.) Defendant No. 1 controverted the allegations of the plaintiffs. It was pleaded that defendant No. 1 is owner in possession of the suit land of khasra No. 42//11. Revenue entries in favour of Kurda Ram and subsequently in favour of defendants No. 1 and 2 were correct. Defendant No. 2 has transferred her share in favour of defendant No. 1, who is now exclusive owner in possession of the suit land. Kurda Ram had purchased 40 kanals of land including suit land from defendant No. 6 in auction. Kurda Ram was in possession of the suit land even before this purchase.