MAJOR SINGH Vs. BERINDER SINGH

JUDGEMENT

(1.) This is the second appeal filed by the legal representatives of the defendant, he having remained unsuccessful in both the courts below. The respondent-plaintiff (Beerinder Singh) filed a suit seeking a declaration that he along with other co-owners was in possession of land measuring 476 kanals, situated in the revenue estate of Village Heero Khurd, Tehsil Mansa, District Bathinda. He had a 1/6th share in the land, out of which he had sold a 20/36th share to the defendants vide a sale deed dtd. 19/2/1976, but mistakenly a mutation was sanctioned in favour of the defendants, in respect of land measuring 36 kanals, instead of a 20/36th share in the total holding of 476 kanals. The plaintiff therefore also sought that the mutation entry be held to be not binding on him.

(2.) The defendants controverted the allegation of the plaintiff by pleading that the suit was not maintainable as the plaintiff was not in possession of any part of the land, and in fact 36 kanals of land were sold to the defendants and therefore the mutation had rightly been sanctioned in their favour and that the respondent-plaintiff being a very clever man had simply taken advantage of the innocence and illiterate status of the present appellants-defendants. They also contended that the suit was barred by limitation. They also pleaded that the plaintiff not having claimed any consequential relief, he was not entitled to the declaration prayed for and thus the suit of the plaintiff was not maintainable in the present form.

(3.) A replication having been filed, on the basis of the said pleadings, the learned Sub-Judge 1st Class, Mansa, had framed the following issues:-