MANPHOOL Vs. SAMPAT

JUDGEMENT

(1.) This appeal arises out of the judgment and decree dated 30th September, 1976 of the learned Senior Sub-Judge, Sirsa with enhanced appellate powers, whereby he affirmed the judgment and decree dated 16th August, 1975 of the learned Sub Judge Ist Class, Sirsa, dismissing the suit of Manphool plaintiff-appellant for declaration to the effect that the land measuring 235 Kanals 13 Marlas as described in the heading of the plaint situate in village Subewala Khera, tehsil Sirsa, district Hissar, was owned by him, or in the alternative, was owned by him and his brother Sampat, defendant-respondent No. 1, in equal shares and the revenue entries showing the said land to be owned by Sampat alone were incorrect and for permanent injunction restraining the defendant-respondent not to disturb the possession of the plaintiff-appellant on the suit land, or in the alternative for consequential relief for possession of the suit land or any portion of it regarding which the plaintiff-appellant was found in possession on the basis of evidence of every description.

(2.) To deal with the present appeal, it is necessary to state the facts in brief. Jaswant alias Jaswanta son of Buta had two wives, namely Smt. Dakhan and Smt. Deepan. Jaswanta died in the year 1926. At the time of his death he had no male issue from Smt. Deepan. Only one daughter Smt. Jeewani P.W.1 was born from the womb of Smt. Deepan. Smt. Dakhan had one son Sampat defendant-respondent No. 1. On the death of Jaswanta, a mutation in respect of the estate of Jaswanta was entered on Ist October, 1926 in favour of Sampat and Smt. Deepan (as life estate). This mutation was sanctioned on 8th January, 1927 (Ex. D.2). Jaswanta owned land in village Subewala Khera in Haryana and in village Bhojasar in Rajasthan. The aforesaid mutation was in respect of the land in village Subewalaa. A mutation in respect of the land in village Bhojasar in Rajasthan was entered in favour of Sampat on 14th April, 1928 and the same was sanctioned on 19th June, 1931 certified copies thereof are Exs. D.5 and D.7. This mutation shows that Smt. Dakhan appeared in these proceedings in favour of Sampat.

(3.) It is worth mentioning that on the death of Smt. Deepan in the year 1943, mutation in respect of a part of the land, which was held by her as per life estate, was mutated in favour of Sampat on 30th April, 1943. A certified copy of this mutation is Ex. D.3 on the record.