JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. Unsuccessful defendants have preferred this Civil Appeal for taking exception to the judgment and order dated 16th March 2010 passed by the Punjab and Haryana High Court. The respondents are the legal representatives of Smt. Gejo. She was the plaintiff in a suit for declaration. She claimed a declaration of ownership over the land measuring 71 kanals 8 marlas (“suit property”) based on the sale deed executed on 6th June 1975 and registered on 23rd July 1975. The first defendant, Kanwar Raj Singh (predecessor of the present appellants), executed the sale deed. Subsequently, the first defendant executed a gift deed regarding a 2/3rd share in respect of the same property in favour of the eighth defendant- Smt. Ravinder Kaur. The eighth defendant is the first defendant’s wife. According to the case of the original plaintiff-Smt. Gejo, before registration of the sale deed, an interpolation was made in the sale deed by the first defendant by adding that only 1/3rd share measuring 23 kanals and 8 marlas was being sold. The suit was contested by the first defendant, contending that what was sold was the area of 23 kanals and 8 marlas, which was