JAGAT SINGH Vs. BABU SINGH

JUDGEMENT

(1.) THIS is plaintiff's appeal against the judgment dated 29.8.1984 of the learned Lower Appellate Court affirming in appeal the judgment of the learned trial Court, whereby the suit of the plaintiff was dismissed.

(2.) THE plaintiff filed a suit alleging that he was owner in possession of 5/8th share in 749 kanals 2 marlas of land as detailed in the head note (a) and 276/864 share of rasta as detailed in head note (b) of the plaint situated in the area of village Alamwal P.S. Mahilpur, District Hoshiarpur. It was further pleaded that defendant Nos. 1 to 3 got sanctioned mutation No. 173 in their favour in connivance with the revenue authorities on the basis of a compromise deed and the wrong entries in the revenue record required to be corrected. The defendants obtained the compromise decree by mis-representation and fraud. The compromise pertained only to the estate of Udey Ram, father of the parties. Suit land was never owned exclusively by Udey Ram, but was jointly owned by Udey Ram and Ram Ditta in equal shares. The plaintiff inherited the share of Ram Ditta and it was never in dispute in the previous litigation. The plaintiff asked the respondents to admit the claim but they denied. Hence the suit was filed.

(3.) ON merit, it was pleaded that in Civil Suit No. 50 of 1977 which was pending between the plaintiff and defendant Nos. 1 to 10 decided between the parties in which the plaintiff had admitted that he had 1/4th share in the land in suit. Mutation was accordingly sanctioned on the basis of civil Court decree in the presence of the plaintiff. On the pleadings of the parties, the following issues were framed :