CHAND SINGH Vs. JARNAIL SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree dated 29.10.1983 passed by learned Sub Judge, IInd Class, Dabwali whereby suit of plaintiffs has been dismissed and against the judgment and decree dated 21.02.1985 passed by learned Additional District Judge, Sirsa whereby appeal preferred by the plaintiffs has been dismissed.

(2.) FOR convenience sake, hereinafter parties will be referred to as they were arrayed in the Court of first instance i.e. appellant as plaintiff and respondents as defendants.

(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts, as pleaded by plaintiffs, are to the effect that they are owners in possession of the land as described in the head -note of plaint on the basis of registered Will dated 12.09.1978, executed by their father -Kehar Singh. However, in revenue records, the defendants have been shown as mortgagee with possession which is void, illegal and against true facts, therefore, the same is liable to be corrected. It was further pleaded that suit land was mortgaged by deceased -Kehar Singh in favour of defendants for consideration of Rs.1,510/ - and mutation no.1091 dated 20.08.1953 was sanctioned in this regard, however, the same was got redeemed vide rapat roznamcha no.249 dated 20.04.1967 after making the payment of mortgage money of Rs.1,510/ - to the defendants. After redeeming the mortgage, possession of suit land was delivered to Kehar Singh during his life -time. As such, the plaintiffs are owners in possession of the suit land, hence, revenue records are not binding on them. The plaintiffs requested the defendants to get the revenue records corrected, but they did not pay any heed to the same.