BRIJ LAL Vs. KARTAR KAUR

JUDGEMENT

(1.) THIS Second Appeal has arisen out of a suit filed by respondents Nos. I and 2 for a declaration that they were owners in possession of agricultural land measuring 39 Bighas 8 Biswas comprised of Khasra Nos. 4269, 4270, 4280 and 4281 and that the sale deed, registered on November 9, 1973, by respondent No. 3 in favour of the appellants respecting Khasra Nos. 4280 and 4281 was ineffective against their rights.

(2.) THE case pleaded by the plaintiffs in the trial Court was that Shrimati Sadan Kaur, respondent No. 3, sold land measuring 39 Bighas 8 Biswas comprised of four Khasra numbers, noted above, vide registered sale deed dated June 12, 1959, but inadvertently khasra Nos. 4280 and 4281 were not incorporated in the sale deed. When this mutual mistake was discovered by the parties, respondent No. 3 executed the rectification deed, Ext, P-8, in their favour on September 11, 1963. The plaintiffs are in possession of the whole land measuring 39 Bighas 8 Biswas since its, purchase on June 12, 1959. However, later on, taking advantage of the omission of the said two Khasra numbers in the main sale deed the appellants got them transferred in their favour on November 9, 1973, but the land having been already sold to them, it had no effect on their rights.

(3.) THE suit was contested by the appellants, who controverted the case set up by the plaintiffs and pleaded that land measuring 20 Bighas 5 Biswas comprised of Khasras Nos. 4269 and 4270 only was sold in favour of the plaintiffs and they have no right, title or interest in the remaining land. It was further pleaded that the land comprised of Khasras Nos. 4280 and 4281 was in possession of the appellants since its purchase by them.