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The case of the petitioner-plaintiff in his plaint was that there was no such agreement of exchange entered into between the parties and if any exchange 1 of 6 deed dated 22.01.2001 was being relied upon by the respondents-defendants, it was a forged and fictitious document.

The respondents-defendants' stand in their original written statement, as already noticed, was that there was no agreement of exchange dated 22.01.2001, though there was an agreement of exchange dated 22.01.2000 which was entered into, with the lands actually exchanged and possession of the said lands having been delivered to the respective parties, with a mutation also entered at serial no. 2232, in the revenue record. However, for reasons best known to the Revenue Department, it was contended that the said mutation, though was present in the ''Parat Sarkar' (the register of mutation with the Collector), was not entered into in the record of rights ('Jamabandi').