TELU Vs. RAM KISHAN

JUDGEMENT

(1.) Plaintiff-appellants have filed this appeal against the judgment and decree dated September 26, 1978 passed by the Additional District Judge, Karnal.

(2.) The plaintiff-appellants filed a suit against defendant-respondents alleging that defendants No. 4 to 8 and Hardwari son of Tulsi were owners of the land measuring 111 kanals 16 marlas, that is, 3/15th share of the total land measuring 558 kanals 19 marlas comprising in khewat No. 9, khatauni Nos. 37 to 47, vide Jamabandi 1965-66, situated in village Bharian and now vide Jamabandi 1967-68 comprised in Khewat No. 12 Khatauni Nos. 40 to 57 of the said village that the plaintiffs and defendants No. to 3 purchased the land measuring 111 kanals 18 marlas, that is, 3/15th share of the total land measuring 558 kanals 19 marlas from defendants No. 4 to 8 and Hardwari for Rs. 7,000/- vide registered sale deed executed on 22nd February, 1960 that the share of the defendants No. 1 to 3 is mentioned as 64/112 and that of the plaintiffs as 38/112 in the sale deed which is ambiguous on the face of it and shows error of calculation that actually the plaintiff purchased 46/112 share of the land and defendants No. 1 to 3 purchased 64/112 share of the land sold and the real intention of the parties was according to the ratio mentioned and the plaintiffs paid 6/14 share and the defendants No. 1 to 3 paid 8/14 share of the consideration; that the plaintiffs have been repeatedly requesting the defendants to get the sale deed rectified and admit that the plaintiffs are the owners of 6/14, that is 48/112 share (in equal shares) of the land purchased.

(3.) Defendants No. 1 to 3 filed written statement and have raised many objections including that the suit is barred by time that the suit is not maintainable in the present form that the plaintiffs are estopped from filing the present suit by acquiescence, waiver and by their conduct; that the plaintiffs have no cause of action against them and also that the plaintiffs have no locus standi to file the present suit. Defendants No. 4 to 7 filed their joint written statement admitting the allegations of the plaintiffs and pleaded that the suit be decreed.