GILLU TEEKAN Vs. DAMODAR DASS SHIB LAL

JUDGEMENT

(1.) THIS is a plaintiff's revision petition against the order of the learned Subordinate judge, Jhajjar, dismissing the application for the amendment of the plaint.

(2.) ON 25th May, 1961, Damodar Dass sold, by a registered deed, agricultural land measuring 2 Bighas 16 Biswas, in favour of Gillu and his brother Bedi, for rs. 3,000/ -. A mutation on the basis of this sale was effected in favour of the vendees by the Revenue Authorities on 17th August, 1964. It appears that later on it transpired that the vendor owned only half share in the land sold and, consequently, the Revenue Authorities reviewed their earlier order of mutation and reduced the area to 1 Bigha and 8 Biswas and the same was mutated in favour of the vendees on 10th May, 1966. That led to the filling of a suit in April 1968, by gillu and his brother against Damodar Dass for a declaration that they were the owners of 2 Bighas and 16 Biswas, which had been sold in their favour by the defendant.

(3.) THE suit was contested by the defendant on a number of pleas. He, however, admitted the execution of the sale-deed, but pleaded that the suit was barred by limitation. It is needless to refer to the other objections taken by the defendant, because they are not necessary for the determination of the present controversy between the parties.