- (1.) Plaintiffs Prem Kaur etc. having been non-suited by both the courts below have filed this second appeal. Plaintiffs are legal heirs of Dial Singh being his widow, 3 sons and a daughter.
(2.) Case of the plaintiffs-appellants is that Dial Singh had purchased 24 kanals 8 marlas land (Part-A land) and also purchased 24 kanals 86 marlas land (Part-B land) in open auction conducted by Tehsildar Sales-defendant No.2 on 12.06.1963 on behalf of Rehabilitation Department (defendant No.3) of Punjab State (defendant No.1). Dial Singh paid sale money of both parts of the suit land. Mutation regarding Part-A land was sanctioned in his favour and there is no dispute about the same.
(3.) However, mutation of Part-B land was not sanctioned because the said land was not owned by defendants No.1 to 3 but was owned by some other person.;