LAWS(P&H)-2022-2-160

TARLOK SINGH Vs. JASBIR SINGH

Decided On February 10, 2022
TARLOK SINGH Appellant
V/S
JASBIR SINGH Respondents

JUDGEMENT

(1.) The hearing of the case is being held through video conferencing on account of restricted functioning of the Courts.

(2.) The petitioners are decree-holders. Their suit for grant of decree of joint possession was decreed on 7/5/2008. The aforesaid judgment and decree dtd. 7/5/2008 has been affirmed in First Appeal, Regular Second Appeal as well as Special Leave to Appeal. The plaintiffs filed an application under Sec. 151, 152 of Code of Civil Procedure, 1908, for correction of the judgment and decree sheet. It was pointed out that due to oversight or typographical error 2/15th share of the land measuring 9 kanals 15 marlas has been decreed in their favour whereas it should be 94 kanals 15 marlas. The typographical error is patent from reading of the relevant part of the caption of the suit, which is extracted as under:-

(3.) It is evident that the plaintiffs have claimed that they are entitled to joint possession of land measuring 12 kanals and 12 ' marlas being 2/15th share of land measuring 94 kanals 15 marlas. The total land cannot be 9 kanals 15 marlas because the plaintiffs claim that they are in joint possession of the land measuring 12 kanals 12 ' marlas. Moreover, the complete and correct description of the land with reference to khewat, khatoni, rectangle and killa numbers has been given. The total area of the aforesaid land described in the caption comes to 94 kanals and 15 marlas.