If There Is No Dispute Of Identity Of Land, Correction Of Khasra Number Can Be Effected: Madhya Pradesh HC
The Madhya Pradesh High Court observed that if there is no dispute of identity of land, the correction of Khasra number can be effected under Section 152 of the Civil Procedure Code (CPC).
The Jabalpur Bench observed thus in a civil revision filed against the order of the Civil Judge Class-II, Junior Division by which the application under Section 152 CPC was dismissed.
A Single Bench of Justice Hirdesh held, “… in the considered opinion of this Court in present case due to mistake occurred on account of accidental slip it has been mentioned in plaint as Khasra No.265 in place of Khasra No.165 and the same was not even taken note of by the defendants while contesting the suit. Infact, there was no dispute with regard to identity of land. It has been established in various decisions referred to above that if there is not dispute of identity of land, then correction of Khasra number can be effected. Therefore, it is required that necessary correction be made in the plaint, judgments and decrees of the trial Court as also of lower appellate Court under section 152 of CPC.”
Advocate Kratika Indurakhiya appeared for the applicants while Advocate Durgesh Singrore appeared for the respondents.
Factual Background -
The applicants/plaintiffs were daughters who filed a civil suit for declaration, partition, and separate possession over one-third share in their father’s property. The Trial Court vide a judgment held that each plaintiff/daughter has one-third share in the said property and the respondent/defendant being aggrieved with this, preferred First Appeal before the District Judge. The lower appellate court affirmed the same and dismissed the said appeal.
On account of inadvertence by the applicant’s counsel, the disputed property was mentioned as “Khasra Nos. 188, 198, 265 admeasuring 3.09 hectares” in the plaint, whereas the correct number and area was “Kh.No.188, 198 & 165 admeasuring 3.90 hectares.” The defendant never raised any objection in this regard and the plaintiffs filed an application under Section 152 CPC changing the Khasra Nos. and the same was dismissed.
The High Court in view of the above facts noted, “… it is clear that there is no dispute of identity of the disputed land. As per case laws referred to above the Apex Court has held that it can be rectified under the provision of section 152 or even in under section 151 CPC, if there is no dispute with regard to identity of disputed land.”
The Court further said that the Trial Court committed error of law in not allowing the application of the applicants under Section 152 of CPC.
Accordingly, the Court disposed of the civil revision and set aside the impugned order.
Cause Title- Butto Bai & Anr. v. Dumri & Ors.
