half share of 12 marlas comprised of khasra no.8/5 (0-2) and killa no.283 (0-10). However, inadvertently, the suit land was not mentioned in the aforesaid sale deed, but plaintiffs are in possession of the suit land also, since the date of sale deed i.e. 19.05.1958. The suit land was also mentioned in mutation no.769 sanctioned on the basis of sale deed in favour of plaintiffs' father. In the alternative, plaintiffs claimed to have become owners of the suit land by adverse possession. Defendant no.1 filed Suit No.228 of 1996/1998 against the plaintiffs. During pendency of said suit, defendants succeeded in getting mutation nos.2424 and 2425 sanctioned. On coming to know of the same, plaintiffs applied for amendment of written statement in the said suit, but defendant no.1, who was plaintiff in that suit, instead of contesting the amendment application, withdrew the suit itself. During pendency of the instant suit, defendant no.1 illegally sold the suit land to defendant no.2 Maya Chand. On these averments, plaintiffs sought declaration that they are joint owners in possession of the suit land and mutation nos. 2424 and 2425 concerning the suit land and the sale deed executed by defendant no.1 in favour of defendant no.2 regarding the suit land and subsequent revenue entries are illegal and null and void. Plaintiffs also claimed consequential relief of permanent injunction.
