HIGH COURT OF JAMMU AND KASHMIR
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(1.) This plaintiff's first appeal is directed. against a judgment of the Subordinate Judge. Jammu dated 18th Phagan 2006 and arises out of the facts given below. The following pedigree table will facilitate their
(2.) The plaintiff brought a suit for recovery of. land measuring 136 Kanals and 8 1/3 marlas with the allegation that it was his exclusive property. As early as 1958 the suit land was acquired by Jagat Bam and Shiv Bam by means of a registered sale deed. Sometime after Jagat) Ram died, and his share in the land was mutated in the name of Shiv Ram alone. Shiv Bam also died leaving behind his sou Lok Nath plaintiff. In the year 1982, the widow of Shiv Bam made a statement before the Tahsildar that her husband Shiv Ram was the Managing member of the joint family even when his father was alive and as the Manager of the family he acquired some land for the family, though the sale deeds were executed in his name. She, therefore, requested the revenue authorities to effect a mutation in the names of Lakshmi Dayal and Dewan Chand who are the brothers of Shiv Bam and uncles of Lok Nath. This prayer of hers was accepted by the mutation officer and the names of the plaintiff's uncles, i. e., Lakshmi Dayal and Dewan Chand were added in the register of mutation as owners along with the plaintiffs Lok Nath. Admittedly Lok Nath was a minor then. It was later on in the year 1991 that the suit land was sold to defendants 1 and 2 by Lakshmi Dayal, Dewan Chand, and Lok Nath Bhagwanti widow of Shiv Bam acting as the guardian of Lok Nath plaintiff. Mutations were effected in the names of the vendees and they continued in possession of the land Upto the year 2005 when Lok Nath brought the present suit for the possession of land sold to defendants 1 and 2.
(3.) The main ground of attack made by Lok Nath was that during hia minority his uncles i, e. defendants 3 and 4 took advantage of the simple. mindedness of his mother and without any right or title they got mutations of the land in question effected in their names which they later on transferred by sale including the share which was reserved for the plaintiff, to defendants 1 and 2. On these grounds he made a prayer for possession of the suit land.;
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