CHET RAM Vs. DAULAT RAM

JUDGEMENT

(1.) This is the defendant's Regular Second Appeal filed under Sec. 100 of the Code of Civil Procedure.

(2.) For the sake of convenience, Sh. Daulat Ram (respondent herein) is referred to as the plaintiff and Sh. Chet Ram (appellant herein) is referred to as the defendant.

(3.) Plaintiff filed a suit for declaration, claiming to be owner in possession of 5 bighas and 16 biswas of land situate in village Malgi bearing khata/khatauni No. 12/16. Also that entries of mutation Numbers 145 and 147, recording the defendant to be owner thereof are illegal. Injunction restraining the defendant not to interfere with the possession was sought. Plaintiff alleged to be owner in possession of the suit land on the strength of a registered gift deed dated 8.12.1975 (Ext. PA) executed by the original co -owner Brestu, which stood recorded in the revenue record vide sanction dated 18.12.1975.