Mehar Singh, J.

1. On the death of Harnam Das, his land, situate in village Barod, in Tehsil Jind of Sangrur District, was mutated one-half in the name of his widow Subhagan, respondent 1, and the other half in the name of his son, Ranjit Singh. The total area of the land was 142 Bighas and 17 Biswas. So half of that, that is to say, a few Biswas over 71 Bighas was mutated in the name of Ranjit Singh. No partition had taken place between the mother and the son. On February 16, 1949, Ranjit Singh sold 65 Bighas and 8 Biswas of land, out of the total holding of 142 Bighas and 17 Biswas, to Ajit Singh appellant by a registered sale deed. The area sold was both irrigated, whether by canal or well, and unirrigated. Ranjit Singh said in the sale deed that he was the sole owner of the whole land, but because of the Rulers circular in the former Jind State with regard to the rights of widows in Hindu families, half of the land from the inheritance of his father had been mutated in the name of his mother as a widow. He further said that his half share was mortgaged with the Jind Cooperative Bank. He claimed to be in possession of the total area. Specific survey numbers were sold to