NARANI DEVI Vs. SURINDER KUMAR

JUDGEMENT

(1.) PLAINTIFFS are in appeal aggrieved against the judgment and decree passed by the Courts below arising out of the suit for declaration to the effect that the plaintiffs are owner and in possession of 4822 and 2265 shares out of 9060 shares of the agricultural land measuring 226 kanals 10 marlas according to jamabandi for the year 1976-77.

(2.) DEFENDANT Nos. 2 to 12 were owners of the agricultural land measuring 226 kanals 10 marlas. However, vide sale deed dated 25.4.1966, 3/4th share of the land was sold by defendant Nos. 2 to 10 in favour of defendant No. 1 for the sum of Rs. 12468/-. Defendant Nos. 11 and 12 conveyed their share out of the land measuring 226 kanals 10 marlas to the extent of 56 kanals 12 marlas vide sale deed dated 30.3.1968 in the sum of Rs. 4150/- in favour of plaintiff Nos. 1 and 2. Thus, the entire land measuring 226 kanals 10 marlas was sold by defendant Nos. 2 to 12.

(3.) THE grievance of the appellant is that the mutation No. 3199 was attested in respect of sale in favour of defendant No. 1 on 31.8.1967 wherein defendant Nos. 11 and 12 have been wrongly shown to be vendors along with defendants Nos. 2 to 10. In fact, defendant Nos. 11 and 12 had sold the land in favour of plaintiff Nos. 1 and 2. The share of defendant Nos. 11 and 12 had remained unsold in the said khewat whereas the mutation 3222 on the basis of sale effected by defendant Nos. 11 and 12 in favour of plaintiff Nos. 1 and 2 was attested on 1.9.1968. However, this mutation was cancelled wrongly on 15.4.1974 on the basis of an earlier mutation No. 3199 wherein defendant Nos. 11 and 12 had also been reflected as vendors. Since the mutations were wrongly entered and were not in accordance with the sale, plaintiffs filed the present suit for declaration.