LAWS(P&H)-2010-11-416

BALBIR SINGH Vs. AVTAR SINGH AND ORS

Decided On November 16, 2010
BALBIR SINGH Appellant
V/S
Avtar Singh And Ors Respondents

JUDGEMENT

(1.) Present petition is filed challenging the order dated 12.4.2010 passed by the Civil Judge, Junior Division,, Phillaur, thereby application moved by the Respondent under Sections 151/152/153 Civil Procedure Code for correction of the area of the disputed property in the judgment as well as in the plaint, was dismissed.

(2.) Undisputedly, suit for possession was filed seeking possession over the land comprising in Khasra No. 409/3, Village Umarpur, Tehsil Phillaur, District Jalandhar. Undisputedly, in the suit the revenue records were placed on record.

(3.) Undisputedly in the revenue records area of Khasra No. 409/3 is mentioned as I Kanal 12 Marla. Undisputedly total area of Khasra No. 409/3 is not 1 Kanal 2 Marla. Respondent -applicant has stated in the application for correction that due to typographical mistake, area was wrongly mentioned as 1 Kanal 2 Marla. instead of 1 Kanal 12 Marla. The trial Court while placing reliance on the revenue records has directed correction of the area in the plaint as well as in the decree.