SHAKUNTLA DEVI AND ANOTHER Vs. MAHAVIR & OTHERS

JUDGEMENT

(1.) By way of this regular second appeal, defendants No.7 and 8 having purchased some portion of suit land, subsequent to the sale deeds in favour of respondents No.1 to 3 plaintiffs have laid challenge to the judgment and decree of the First Appellate Court dated 21.10.2017 reversing the judgment and decree of the trial Court dated 20.09.2014.

(2.) Put pithily, defendants No.3 to 5 (respondents No.6 to 8 herein) were joint owner in possession of 45 kanals and 18 marlas of land, according to jamabandi for the year 2001-02 in equal shares along with their mother Kastoori. Out of the same, land measuring 10 kanal was acquired by the State Government, therefore, defendants No.3 to 5 left with only 35 kanals 18 marlas of land in equal shares. However, in the next jamabandi for the year 2006-07, the area of defendants No.3 to 5 was increased by 3 kanals 7 marlas showing their ownership over 49 kanals 5 marlas by increasing the area of Killa No.24 from 11 kanal 7 marlas in place of 8 kanal 0 marla. This clerical mistake was committed by revenue officials.

(3.) Be that as it may, the defendants No.3 to 5 were legitimate owners of 35 kanals 18 marlas of land in equal one third share of the suit land each.