TELU Vs. RAM KISHAN

JUDGEMENT

(1.) THIS is plaintiffs' regular second appeal against the judgment and decree of the court below declining his prayer for rectification of the instrument which mistakenly record his share to be 38/112 instead of 48/112.

(2.) IT is the case of the plaintiffs that they alongwith the contesting defendants purchased an area measuring 111 kanals 16 Marias being 3/15 share of land measuring 558 Kanals 19 marlas for consideration of Rs. 7,000.00 by a registered sale deed dated 22.2.1960 . Purchasers- the plaintiffs as well as the defendants paid the consideration amount proportionate to their shares in the Property i.e. the plaintiffs paid for the share of 48/112 whereas the defendants paid the amount for their '-are of 64/112. However, in the revenue record the share of the plaintiffs was shown to be 38/112 whereas the defendants share was correctly recorded as 64/112. This way, there was a mutual mistake of parties to the sale caused by an error of the scribe, In fact, it did not express the real intention of the parties as regards the share of the plaintiffs and defendants 1 to 3. Hence the present suit.

(3.) ON the pleadings of the parties a number of issues were framed. Parties were permitted to adduce evidence. The trial Court on appraising the evidence found substance in the contention of the plaintiffs that infact they purchased 48/112 share of the land and so decreed the suit of the plaintiffs as prayed for.