BOHRA RAM Vs. KHAZANA RAM

JUDGEMENT

(1.) The present appeal has been filed by the appellants against judgment and decree passed by learned Additional District Judge, Ghumarwin, dated 16.03.2006 in Civil Appeal No. 269/13 of 2004/2001 titled Bohra Ram Vs. Khazana Ram and judgment and decree passed by learned Sub Judge First Class on 05.07.2001 in Civil Suit No. 54/1 of 1999/90 titled Khajana Ram, vide which learned lower Court decreed the suit filed by the plaintiff/respondent, which judgment was affirmed in appeal by the learned Appellate Court.

(2.) The appeal was admitted by this Court on 01.11.2006 on the following substantial question of law:-

(3.) In brief, the facts of the case are that Khazana Ram filed a suit for declaration that he was owner in possession of suit land situated in village Kothi, Pargna Tiun, Tehsil Ghumarwin, District Bilaspur and further prayed for a decree of permanent injunction restraining the defendant from interfering over the suit land permanently in any manner. This suit was filed by Khazana Ram against Bhangi Ram, his father. The case set up by the plaintiff was that he was owner in possession of the suit property, which was bequeathed by him vide gift deed dated 09.06.1988 executed by the defendant in his favour. Halqua Patwari had given the copies of jamabandi, in which the share of defendant was reflected as 58137/20160 of defendant over Khewat No. 156, whereas, it should have been 7957/20160 and land ought to have been 2-19 Bighas instead of 3-1 Bighas. It was further stated that it was a clerical mistake of Patwari and gift deed was registered by the Sub Registrar, Ghumarwin, and after that the plaintiff had submitted the same for mutation but the Assistant Collector 2nd Grade, Ghumarwin, rejected the mutation on 22.09.1988, which order was wrong and against law and procedure. It was further mentioned that the plaintiff is entitled for decree of land measuring 4-8 Bighas over the share of defendant in Khewat No. 156 and 157 situated in village Kothi, Pargna Tiun, Tehsil Ghumarwin, District Bilaspur. It was further stated that the plaintiff is entitled for decree of permanent injunction against the defendant that he should not interfere over the suit land in any manner permanently. The plaint is dated 28.12.1989.