RAM GOPAL Vs. SHAKTI CHAND

JUDGEMENT

(1.) Both these revisions under section 115 of the Code of Civil Procedure are by Sri Ram Gopal and the sole respondent in both of them is Shri Shakti Chand, There is a piece of land situate in Sanjauli in District Shimla, The two co -owners thereof were Ram Gopal and his uncle Bhagat Ram. The total area of this land is four biswas,

(2.) On 7 February. 1983 Bhagat Ram sold his half share in the property, namely, land to an extent of two biswas through sale -deed of that date in favour of Shakti Chand. On the basis of the sale in his favour Shakti Cband obtained mutation in his name over the area of two biswas on 16 February, 1983. Ram Gopal objected to the mutation on various grounds and it was cancelled by an order dated 11 July, 1983.

(3.) On 11 August, 1983 Shakti Chand filed suit No. 195 -1/83 impleading petitioner Ram Gopal and Bhagat Ram as defendants in it. The relief sought by him in the suit was that it be declared that the cancellation of mutation in his name was invalid and that the defendants be restrained from raising any construction over that part of the land which had been purchased by him. The further relief sought was that a decree for partition of the land, separating his area of two biswas, be granted to him.