RAMJI LAL Vs. GAINDA SINGH AND OTHERS

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by the plaintiff -appellant for joint possession to the extent of one -fourth share in the land measuring 517 Bighas situated in village Bhagal, Tehsil Kaithal, District Karnal. The plaintiff alleged in his plaint that he is a co -sharer of the defendants in the land in question to the extent of one -fourth share and that sometime before 1955, the defendant respondents did not allow the plaintiff to cultivate the land and falsely alleged that instead of the plaintiff they were the owners of the land having purchased the same from the plaintiff in the year 1943 for a sum of Rs 2000/ -. That the defendant -respondents fraudulently got an entry made in collusion with the Patwari to the effect that the plaintiff made a statement to the Patwari that he had sold his share in Khewat No. 276 for a sum of Rs 2000/ -, which he had received and had delivered the possession of the said land to the defendants. The defendants resisted the suit and denied that the plaintiff had ever been in possession of the land in question since 1943 upto the filing of the suit. It was also pleaded that, in fact, the defendants had purchased the land from Ramji Lal plaintiff for a sum of Rs. 2000/ - regarding which he himself had got an entry effected in the Roznamcha of the Patwari which was signed by Margal Singh Lambardar and later on a nutation of sale was sanctioned in their favour. On the basis of the pleadings of the parties, the trial Court framed only the following issue:

(2.) WHETHER the mutation No. 1383 relating to sale sanctioned on 17th November. 1943 in defendant's favour has been effected by practising fraud on the plaintiff?

(3.) RELIEF .