Judgement

SUBBA RAO, J. : This appeal by special leave is filed against the judgment and decree of the High Court of Punjab, at Chandigarh in Second Appeal No. 493 of 1950 selling aside the order of the Subordinate Judge, Amritsar, confirming that of the Revenue Officer, Amritsar, decreeing the appellant s suit.

2. The subject matter of the appeal is land measuring 9 canals and 2 marlas bearing Khasra Nos. 292 and 296 in mauza Kot Syed Mahmuds, in the District of Amritsar; the previous corresponding Khasra Nos. of the land were 324 and 328. This land formed part of a larger area which originally belonged to a number of co-sharers, including Teja Singh and Jhandha Singh. There was a partition among the said co-shares and pursuant to that partition on 20th April 1929 an application was filed before the Revenue Authorities for mutation of the names in accordance with the terms of the partition; and the petition was signed by all the co-sharers including Teja Singh and Jhandha Singh. It was stated in the petition, marked as Ex. D 6 in the case, that in respect of the Khasra numbers one share should be entered in the name of Teja Singh and 7 shares in the name of Jhandha Singh. This fact