Judgment :-

A.K. Patnaik, J.

Leave granted.

2. These are the appeals against the common judgment dated 11.11.2009 of the High Court of Punjab and Haryana in R.S.A. Nos. 2579 of 1997 and 2482 of 2008 by way of special leave under Article 136 of the Constitution.

3. The facts very briefly are that Col. Surat Singh filed Civil Suit No.735-T on 18.04.1987 for declaration that the plaintiff was the owner and was in possession of suit land. The plaintiff’s case in the suit was that while he was in joint holding of some land, he sold 2 bighas and 16 biswas of land out of his share without specifying any khasra nos. to Col. Girdhar Singh and his family members (defendant nos. 1 to 4) and thereafter defendant nos. 1 to 4 sold the land in pieces to defendant nos. 5 to 8 in the suit specifying the khasra nos. and mutation nos. 1120 and 1174. As the plaintiff did not sell the land specifying the khasra nos. to Col. Girdhar Singh and his son, they had no right to sell specific pieces of land with specific khasra nos. The plaintiff’s further case in the plaint was that the specific khasra nos. which had been mutated in favour of defendant nos. 3, 4 and 5 were not in accordance with the registered sa