CHAMAN LAL Vs. KULDEEP SINGH AND ANOTHER

JUDGEMENT

(1.) The defendant is the appellant and assailed the judgment and decree dated 4.3.2002 passed by learned District Judge, Una in Civil Appeal No.119 of 2000, whereby he reversed the judgment and decree dated 13.6.2000 passed by learned Sub Judge Ist Class, Court No.1, Una in Civil Suit No.129/91,RBT No.593/95/91.

(2.) The plaintiff/ respondent sought the relief of declaration to the effect that he was the owner in possession of land measuring 0-2-63 Centair being part of khasra Nos. 2762 to 2765 as entered in Missal Hakiat for the year 1988-89, situate in Village Behdala, Tehsil and District Una. The further contention of the plaintiff was that the land of khasra No.1863 was jointly owned and possessed by him and his brother Mool Raj to the extent of share each and the area of this khasra number as recorded was 1 kanal 17 marlas and out of this land the plaintiff gifted 19 marlas of land to the present appellant vide registered gift deed dated 26.11.1980.

(3.) He further contended that the area of khasra No.1863 is 3 kanals 6 marlas, however, it was recorded in the revenue record as 1 kanal 17 marlas. Later on the settlement authorities corrected the area of khasra No.1863 (old) 2762 to 2765 (new) and he was aggrieved by the entries in the name of the appellant whereby he is shown as owner in possession to the extent of share in the above land. The plaintiff further asserted that such entry in the name of defendant No.1 as owner in possession to the extent of share was wrong and incorrect.