HARI SINGH Vs. MUKHTIAR SINGH AND ORS.

JUDGEMENT

(1.) This regular second appeal is directed against judgment and decree dated 22.1.1986 of the appellant court below whereby judgment and decree dated 1.8.1983 vide which suit of plaintiff Mukhtiar Singh, respondent herein, for declaration that he is owner in possession of the suit land measuring 44 Bighas 18 Biswas situated in village Fatehgarh Panjghariyan detailed and described in the plaint and of permanent injunction restraining the defendants from taking forcible possession thereof as also against alienation of any portion of the suit land, had been dismissed.

(2.) The defendants including appellant Hari Singh alongwith one Chanan Singh who was brother of appellant Hari Singh uncle of Gurdial Singh, defendant No.1 and respondent No.2 herein were in possession of the suit land. Chanan Singh sold the suit land to the plaintiff for consideration and executed a sale deed in his favour. The vendor, Chanan Singh had claimed the suit land to be of his share devolved on him through a family settlement. The plaintiff was put in possession of the suit land by vendor Chanan Singh on the basis of sale deed dated 24.5.1978 of sum of Rs.49,000/-. When later on, it was discovered that in sale deed, Khasra No.859 had wrongly been mentioned instread of Khasra No.851, correction was made through registered document executed by Chanan Singh in favour of the plaintiff on 6.11.1978. On the basis of sale deed, mutation was sanctioned in his favour.

(3.) It was further the case of the plaintiff that in the revenue record, the defendants were wrongly mentioned as owners in possession of 2/3rd share therein, whereas the plaintiff had claimed to be sole owner of the land which was subject matter of the sale deed.