- (1.) Petitioners Nawab Singh and others have filed this revision petition against Krishan Chand and other respondents under Article 227 of the Constitution of India for setting aside the impugned order dated 12.02.2013 passed by learned Civil Judge (Junior Division), Hodal, vide which the application under Order 7 Rule 11 CPC has been dismissed. Notice of motion was issued in this case and contestingrespondent No.1 to 4 appeared through their counsel and contested the petition. I have heard learned counsel for the parties and have gone through the record.
(2.) As per the copy of the plaint, which has been placed as Annexure P-4 on the record, Krishan Chand etc. plaintiffs filed a suit against Nawab Singh etc. defendants for declaration and in the alternative for possession. It is mainly stated that plaintiffs are owners in possession of the agricultural land as described in the headnote of the plaint. It is further stated that Sohan Lal and Bhajan Lal recorded as occupancy tenants under Section 6 of the Punjab Tenancy Act. In the jamabandi for the year 1944-45 old khasra numbers were changed to new khasra numbers which are mentioned in para No.1 of the plaint. Sohan Lal was father of the plaintiffs, who never mortgaged the suit land and a wrong rapat roznamcha No.387 in the year 1952 was entered and on the basis of said rapat, mutation No.418 in the year 1953 has been wrongly entered and sanctioned. Sohan Lal, father of the plaintiffs never sold out his rights of the suit land mentioned in para No.3 to Jagram and Mohar Singh but the said persons with the collusion of the revenue officials entered rapat No.395 in roznamcha for the year 1952-53 and got entered and sanctioned mutation No.436 in the year 1953 for a sum of Rs. 8500/- with respect to the land. It is stated that said rapat roznamcha No.395 and mutation No.436 are illegal, null and void. It is also in the plaint that Bhajan Lal died in the year 1948.
(3.) It is also the case of the plaintiffs that on the basis of wrong entries said Jag Ram sold out 1/4th share to Munshi vide registered sale deed dated 02.07.1962 and mutation was sanctioned on 13.06.1966. Jag Ram, Mohar Singh and Munshi sold out the entire suit land vide registered sale deed bearing vasika No.105 dated 07.05.1963 to Sohan Lal and Nawab Singh and mutation No.722 was also sanctioned. It is further stated that Sohan Lal sold out his share vide registered sale deed No.445 dated 05.06.1992 to defendants No.6 to 8. He further sold out his 1/2 share vide registered sale deed No.444 dated 05.06.1992 to Deepak Kumar etc.;