- (1.) AFTER the death of Jag Dutt, a dispute arose as to properties, including a 1 anna 6 pies share in village Rajpur, left by Jag Dutt since mutation of them had been made in favour of his widow, Gay a Dei and Gay a Dei and Chandi Dutt bad jointly executed a mortgage in respect of it. Kirpa Dutt and Har Dutt raised a dispute and the dispute was settled by a registered compromise dated 5 -7 -1928, according to which the mortgage was paid off and provision was made for the maintenance of the widow of Jag Dutt.
(2.) THE property of Jag Dutt was divided among his three brothers. Different shares were allotted to each of the three brothers in different villages. Out of the 1 anna 6 pies share in Rajpur it was provided that Chandi Dutt should get a 9 pies share and Har Dutt and Kirpa Dutt a 4 1/2 pies share each. An application was made for mutation of names in accordance with this compromise by the parties jointly. Mutation was as a fact made in respect of the share in Rajpur to the extent of 6 pies in favour of each of the three surviving brothers. About 10 years before the institution of the suit the 6 pies share recorded in the name of Chandi Dutt was sold in execution of a decree. On 3 -6 -1944, Ram Samujh, Ram Pratap and Asa Ram instituted the suit out of which this appeal arises against Kirpa Dutt and the sons of Har Dutt for a declaration that they are the owners of a 3 pies share out of the share which stands recorded in the khewat in the names of the defendants. The plaint, after giving a history of the manner in which Chandi Dutt had become entitled to a 9 pies share, stated that the entry had been made in the revenue records by a mistake and neither the plaintiffs nor their father had any knowledge of this mistake. Paragraph 8 then stated as follows: "The plaintiffs became aware of the wrong entry in the khewat in June 1943 and defendants 1 to 4 were then asked on behalf of the plaintiffs to get the entries corrected but they in the month of June, 1943, refused to have this done and also denied the title of the plaintiffs. Hence it has become necessary to institute the suit." The relief claimed was : "a decree declaring that the plaintiffs are the owners of a 3 pies share in the under -proprietary right in village Rajpur Ghalbapur, pargana Mankapur, district Gonda out of that share which is recorded in the khewat in the names of defendants 1 to 4 be passed against the defendants."
(3.) THE defendants raised a large number of pleas including the plea of limitation and of adverse possession and the trial Court framed issues 3 and 4 to try these two issues.;