KESHO SINGH Vs. ROOPAN SINGH

JUDGEMENT

(1.) The controversy in this appeal relates to old plot No. 1166 corresponding to new plot No. 1501. The said plot admittedly belonged to Roopan Singh defendant- respondent. The plaintiff's case was that Roopan Singh, by a sale-deed, dated the 23 of November, 1907, sold the said plot along with certain other plots to Mahadeo Singh, the predecessor-in-title of the plaintiffs, but by mistake in lieu of Plot No. 1166, Plot 1167 was entered in the sale-deed. The plaintiffs alleged that notwithstanding this mistake their names were recorded as against Plot No. 1166 by the Revenue Court, and the entry in their favour continued up to 1329 F, when on an application of Roopant Singh, defendant-respondent that entry was corrected and Roopan Singh's name was entered against the said plot. That plot from before the execution of the sale-deed has all along been in possession of a mortgagee and as such the relief claimed by the plaintiff's was for a declaration of their title to that plot.

(2.) The defence to the suit was two-fold. Firstly, it was denied by the defendants that there was any mistake in the sale deed and it was asserted that, as a matter of fact, Plot No. 1166 was never intended to be sold to Mahadeo Singh, and the latter in collusion with the scribe of the sale-deed got the said plot entered in the sale-deed. It was further pleaded that the proper remedy of the plaintiffs was to have sued for rectification of the sale-deed and this not having been done within three years from the date of the accrual of the cause of action, the suit was time- barred.

(3.) Both the pleas urged in defence found favour with the trial Court and it accordingly dismissed the plaintiffs suit.