[140] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 10.11.2025 Surinder Kumar and others …Appellants versus Gurbachan Singh (since deceased)

through his LRs and others ….Respondents Coram : HON’BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Arun Takhi, Advocate for the appellants.

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PANKAJ JAIN, J. (ORAL)

[1] The plaintiff filed a suit for declaration seeking correction in mutation bearing No.1631 dated 04.08.1962 in the name of fathers of the defendants in equal share along with the plaintiff’s father, claiming that the father of the plaintiff was entitled to get ½ share of land mutated in his name in terms of sale deed dated 13.06.1962 and the remaining ½ share needs to be mutated in the name of fathers of defendants and the revenue record accordingly needs to be corrected.

[2] The Civil Suit filed by the plaintiff was dismissed by the learned Trial Court merely on the ground that the plaintiff did not claim that the entire estate of his father devolved upon him.

[3] In appeal preferred by the plaintiff, the findings recorded by the learned Trial Court stands reversed. The learned Lower Appellate Court relied upon registered sale deed to observe as under:-

“13. Perusal of the above discussed evidence led by the parties shows that vide sale deed dated 13.06.1962 Ex.P7 Rattan Singh father of the plaintiff, Mohan Singh father of defendants No.1 to 3 and Joga Singh father of defendants No.4 to 6 jointly purchased the suit land measuring 12 kanals 7 marlas from Jagra @ Jagan Nath for consideration of Rs.1275/-. Ex.P7 is certified copy of this sale deed dated 13.06.1962 which is in Urdu and Punjabi translation thereof Ex.P6 which has been proved by PW4 Gurnam Singh retired Kanungo. Perusal of this sale deed shows that thereby the suit land was purchased by Rattan Singh to the extent of 1/2 share and Mohan Singh and Joga Singh to the extent of 1/2 share in equal shares. Thus it is evident that Rattan Singh had 1/2 share in the suit land. Further Ex.P4 is of copy of jamabandi for the year 1966-67, with which copy of mutation No.1513 dated 15.03.1963 is attached. Perusal of the same shows that on the basis of sale deed dated 13.06.1962 mutation of the suit land measuring 12 kanals 7 marlas was entered and sanctioned in favour of Rattan Singh, Mohan Singh and Joga Singh in equal shares. Thus it is evident that instead of 1/2 share in the suit land measuring 12 kanals 7 marlas mutation was entered and sanctioned in favour of Rattan Singh to the extent of 1/3 share only and remaining 2/3 share in the suit land was mutated in the name of Mohan Singh and Joga Singh in equal shares instead of 1/2 share in equal shares. It is evident that mutation No.1513 was entered wrongly and it does not depict correct position as per sale deed dated 13.06.1962 Ex.P7.

14. Ex.P1, Ex.P4 and Ex.DI are copies of jamabandi for the year 2011-12 and Ex.D2 is copy of Khasra Girdawari for the crop of Sauni 2016 to Haari 2017 and therein also Rattan Singh is recorded as co- sharer in joint possession of 1/3 share in the suit land and remaining 2/3 share in the suit land is recorded in the name of defendants No.1 to 6, who are legal heirs of above said Mohan Singh and Joga Singh. This error cropped up for the first time at the time of sanctioning of mutation Ex.P5 is continuing in revenue record since then. Further in jamabandi for the year 2011-12 there is entry of mutation No.2357 dated 7.06.2013 of inheritance of Rattan Singh in favour of plaintiff Gurbachan Singh. It is the case of the plaintiff that he came to know about this error in the revenue record after sanctioning of mutation of inheritance of his father Gurbachan Singh in his favour. Further it is specific case of the plaintiff that during his life time Rattan Singh remained in cultivating possession of 1/2 share of the suit land and after death of Rattan Singh, he is in cultivating possession of the suit I attest to the accuracy and land to the extent of 1/2 share. The plaintiff brough