INDER SAIN Vs. PARAS RAM

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 13.5.1988 passed by the District Judge, Sonepat, by which the appeal filed by the defendant-respondent was allowed and the judgment and the decree dated 29.9.1986 passed by the Senior Sub Judge, Sonepat (decreeing the suit filed by the plaintiffs-appellants) was set aside and the suit filed by the plaintiffs-appellants was dismissed.

(2.) Briefly stated, the facts of the case, as alleged in the plaint, are that the agricultural land, in dispute in village Lehrara, was owned by Mange Ram; that this land was sold to Nawab Singh son of Phool Singh of village Chirasmi, vide registered sale-deed dated 7.10.1964; that thereafter Nawab Singh sold the land to several persons including the defendant-respondent, vide registered sale-deed dated 15.1.1965; that, after that, there was a partition among the purchasers and, as a result thereof, Killa No. 22/22/2, measuring 8 Marlas, came to the share of the defendant respondent; and that there was an error in the revenue record and it has been corrected by the Assistant Collector and the land in question now vests in the plaintiffs. The right and title of Paras Ram defendant-respondent in Killa No. 22/22/2 has been questioned. The area in dispute, is only 8 Marlas. In other words, the dispute is whether Killa No. 22/22/2 measuring 8 Marlas is owned and possessed by the plaintiffs-appellants or by Paras Ram defendant-respondent.

(3.) On the pleadings of the parties, the following issues were framed :