1984 CLC 172 LAHORE-HIGH-COURT-LAHORE

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GHULAM SARWAR VS MUHAMMAD ALI Code of Civil Procedure 1908--100 , Evidence Act 1872--92 , Specific Relief Act 1877--31 , -- S. 100-Evidence Apt (I of 1872), S. 92 (a)-Specific Relief Act (I of 1877), S. 31-Second appeal-Suit property described incorrectly-Title accrued cannot be defeated-Both plaintiff and respondent claiming that they were: sold property in same Khasra and that they were also delivered possession of same; in pursuant of sale deeds-Examination of witnesses showing that suit land was sold to respondents and their possession as owners affirmed-Khewat number of land was incorrectly mentioned in sale deed executed in favour of plaintiff whereas Khasra number was erroneously mentioned in sale deed executed in favour of respondents and mistake as such appearing in both sale-deeds-Sellers in both sale-deeds were co-sharers in Khewat but other co,-sharers wino sold land to appellant also delivered possession to respondents who raised construction thereon-As against this co-sharer who sold land to plaintiff did not deliver actual possession and as such on basis of sale-deed plaintiff could not seek eviction of respondents from land in dispute-.Title accrued to respondents, held, cannot be defeated on account of mentioning wrong Khasra number in sale deed-On basis of sale made by another co-sharer plaintiff, ,'cannot claim a joint decree for possession in respect of land sold to, respondents by other co-sharers as they sole land of their share only-Plaintiff on basis of sale-deed may be having right to obtain possession through partition out of Khewat in question but in view off circumstances of case can neither seek eviction of respondents nor is entitled to grant of a decree for joint possession of land in. question-Finding of first- appellate Court dismissing suit of appellant, upheld.