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1993 Supreme(P&H) 712

HARJIT SINGH BEDI
Kartar Singh – Appellant
Versus
Harchand Singh – Respondent


Judgment

Harjit Singh Bedi, J.

1. The plaintiff (petitioner herein) filed a suit against the respondents for joint possession of 56 Bighas 8 Biswas of land, the plaint having been drafted on the basis of the jamabandi for the year 1973-74. The suit of the petitioner was decreed to the extent of his share and the appeal filed by the respondent No. 1 was dismissed. It has been stated by Mr. Hemant Kumar Gupta, learned counsel for the petitioner that the second appeal filed by the respondent in this Court was also dismissed. After obtaining the decree in his favour, the petitioner, approached the Executing Court for the execution of the same, when it transpired that some of the khasra numbers mentioned in the decree and the area thereof, were incorrect and some khasra numbers which ought to have been excluded, had been included while others which ought to have been included, had been excluded. It also transpired that the. actual land was 48 Bighas 7 Biswas and not 56 Bighas 8 Biswas, as claimed in the plaint. The petitioner, thereafter, filed an application on March 30, 1983 before the trial Court under Section 152 of the CPC praying that the decree sheet be amended as the mistakes mad






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