TAJ ALI Vs. CHARAG DEEN AND ORS.

JUDGEMENT

(1.) THIS is the plaintiff's Regular Second Appeal filed under Section 100 of the Code of Civil Procedure.

(2.) PLAINTIFF 's Civil Suit No. 130/1 of 91, titled as Shri Taj Ali v. Shri Rashid Ali & others, stands decreed by the learned Sub Judge, Theog, District Shimla, H.P., in terms of judgment and decree dated 23.9.1998. Aggrieved thereof, defendants namely Charag Din, Hanif, Mahboob, Rasida, Gulab Singh, Mastana, Multana, Nurjhan and Munni filed an appeal which stands allowed in terms of judgment and decree dated 13.9.2001, passed by the learned District Judge, Shimla, H.P., in Civil Appeal No. 217 -S/13 of 1998, titled as Shri Charag Din & others v. Shri Taj Ali & others.

(3.) VIDE mutation No. 58, dated 9.11.49 estate of Sher Ali stood mutated in the names of Taj Din, Rashid Ali and Saraju Din. Revenue record reflected Taj Ali to be son of Abdulla and Taj Din to be son of Sher Ali. According to the plaintiff, such entries reflecting parentage are factually incorrect. Resultantly plaintiff filed a suit praying for the following relief: