BALWANT SINGH Vs. KHUSHAL SINGH

JUDGEMENT

(1.) The respondent-plaintiff filed a suit for declaration to the effect that he was owner in possession of the suit land to the extent of 1 /3rd share and mutation in the Jamabandi for the year 1978-79 as well as entries in column No. 4 of subsequent Jamabandis in favour of defendants were void.

(2.) Defendants are sons of the plaintiff. It was stated that plaintiff and defendants were owners in joint possession to the extent of 1/3rd share each pursuant to sale deed dated 19-11-1980 whereby plaintiff and defendants jointly purchased the suit property. Case of the plaintiff, further, was that the defendants got mutation entered in record showing themselves to be owners in equal shares which mutation was erroneous and did not bind the plaintiff who continued to be owner in possession of the suit land to the extent of 1 /3rd share.

(3.) The suit was contested by defendant No. 2 only while defendant No. 1 filed written statement supporting the plaintiff. Defendant No. 2 claimed that suit property was purchased by him exclusively and not jointly as claimed by the plaintiff and, therefore, mutation excluding the name of the plaintiff was valid.