LAWS(P&H)-2019-2-107

BUR SINGH Vs. TARLOK SINGH

Decided On February 04, 2019
BUR SINGH Appellant
V/S
TARLOK SINGH Respondents

JUDGEMENT

(1.) The plaintiffs-appellants are aggrieved from the refusal of the First Appellate Court to direct correction of the entry of mortgage in the revenue record.

(2.) At the outset, it must be noticed that the learned trial Court decreed the suit filed by the plaintiffs in entirety and learned First Appellate Court has also upheld the relief claimed by the plaintiffs qua declaration that they are owners of the property as specified in the head note as well as in the prayer made in the suit.

(3.) However, learned trial Court has held that the entry in the revenue record showing that the land measuring 26 kanals 4 marlas out of total property measuring 74 kanals 3 marlas to be under mortgage with the defendants, is erroneous as no evidence of the mortgage has been produced. It has also not been established how entry of mortgage came to be made.