IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Jogender & Anr.

..…Appellants Versus Smt. Chander Kanta & Ors.

…Respondents Reserved on: 18.11.2025 Pronounced on: 19.11.2025 Uploaded on : 19.11.2025 CORAM: HON’BLE MR. JUSTICE DEEPAK GUPTA Argued by:- Mr. R.K. Malik, Advocate for the appellants DEEPAK GUPTA, J.

This Regular Second Appeal is directed against the concurrent dismissal of the plaintiffs’ suit for declaration and injunction. The Trial Court, by judgment dated 25.08.2021, dismissed the suit. The First Appellate Court vide judgment dated 03.08.2023 affirmed the findings. The plaintiffs have now approached this court invoking Section 100 CPC.

2.1 The plaintiffs asserted that late Sh. Dhoop Singh, husband of DW.1 and father of defendants No.2 to 5, was the karta of the joint Hindu family owning land measuring 1 kanal 14 marla, comprised in Killa Nos. 7//4/1/2 (0-12) and 7//4/2/2 (1-2). According to them, on 13.12.1988, Dhoop Singh executed a sale deed in favour of plaintiff No.1, intending to convey the entire land, but due to a clerical mistake or oversight, the deed recorded only 0–12 marla in one portion and 0–5 marla in another, total 0–17 marla. The plaintiffs pleaded