BISHAMBER DAYAL Vs. DULI CHAND

JUDGEMENT

(1.) The present appeal directs challenge against judgment and decree dated 30.07.1997 whereby appeal preferred against judgment and decree dated 18.10.1995 passed by the trial Court decreeing suit of the appellants/plaintiffs was allowed, judgment and decree dated 18.10.1995 were set aside and suit filed by the appellants/plaintiffs was dismissed.

(2.) The appellants/plaintiffs claimed that they are owners in possession of agricultural land bearing rectangle No.17 killa No.10 (8-0), 3 (8-0), 18 (4-11), 19(4-0) measuring 24 kanal 11 marlas situated in the revenue estate of village Mau, Tehsil Pataudi, District Gurgaon on the basis of registered sale deed dated 16.10.1980, in respect whereof mutation No.458 was sanctioned on 12.11.1980. It is averred that appellants are in cultivating possession of suit land since its purchase. The respondents/defendants got re-opened the mutation and the same was rejected on 31.07.1986 by the Circle Revenue Officer. The rejection of mutation is illegal, null and void. They prayed for relief of perpetual injunction restraining the respondents to take forcible and illegal possession of the suit land.

(3.) The respondents/defendants filed the written statement and submitted that they never sold any specific killa numbers to the appellants as they were not in possession of any specific killas numbers. The answering respondents are simple, illiterate villagers and they were not told that specific killa numbers were being written in the sale deed, therefore, sale deed is illegal, void and without authority. They have denied the allegations that mutation was wrongly rejected by the Circle Revenue Officer.