BHOPAL SINGH Vs. CHANDGI AND ORS.

JUDGEMENT

(1.) THIS appeal is filed by defendant No. 5 against the judgment and decree of the lower Appellate Court by which suit filed by the plaintiffs has been decreed and defendants No. 13 and 2 have been directed to incorporate the mutations in terms of the sale deeds Ex. P1 and Ex. P2 in the concerned record of rights. The plaintiffs filed suit for mandatory injunction alleging that the land comprised in killa No. 39/11, measuring 08 kanals 00 marla, situated in the revenue estate of village Asadpur, Tehsil and District Sonepat was earlier owned by the plaintiffs, Ishwar & Bhopal Singh, sons and Piari, widow of Chander. Defendants No. 4 to 6 sold the aforesaid land to defendant No. 3 for Rs. 4,500/ - vide sale deed No. 3547 dated 15.01.1975 (Ex. P2) and defendant No. 3 further sold the aforesaid land to the plaintiffs in equal shares for a sum of Rs. 4,500/ - vide sale deed No. 1025 dated 17.06.1976 (Ex. P1). The plaintiffs thus allegedly became owners in possession of the suit land and were entitled to get the same mutated in their favour in the revenue records.

(2.) THE case of the plaintiffs is that they had requested the defendants No. 1 and 2 many a times to enter and sanction mutation of the aforesaid land in their favour but to no avail and hence, the present suit for mandatory injunction has been filed.

(3.) THE plaintiffs filed replication to the written statement denying the assertions made therein and reiterated the stand taken by them in the plaint.