SHER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal from the order of the Additional District Judge dt. 22.10.68, was brought by eight appellants. They seek enhancement of compensation for their land acquired by the respondent Union of India. During the pendency of the appeal Sis Ram appellant No. 5 died. An application by his legal representative was made. I dismissed that application on 16.10.79 on the ground that the application was not made within the time limited by law under rule 4(3) read with rall 0.22 of C.PC. Therefore, the inevitable result is that in so far as Sis Ram appellant No. 5 is concerned the order of the ADJ has become final.

(2.) A preliminary objection has been raised that the whole appeal is incompetent and must be dismissed in its entirety. The question to be determined is about the effect of death of appellant No. 5 on the rest of the appeal. In order to answer this question it is necessary to ascertain the nature of the claim and the relief sought.

(3.) Bhart Singh (deceased and now represented by his legal representives) and Inderaj, appellants 2 and 3, are sons of Bhola. They had share in Khasra Nos. 275, 276, 305 and 306. Sher Singh, Sis Ram, Siri Chand and Mansa Ram, respondents 4 to 7 are sons of Tola. They had the remaining share in these Khasra numbers. Each of these respondents 4 to 7 thus had 1/8 share. The appeal of Sis Ram, respondent No.5, has abated qua his 1/8 share vide my order dated 16.10.1979. The land of Sher Singh and S. Harbhajan Singh, appellants 1 and 8 is quite separate and distinct from the other appellants and there is no dispute that the appeal by these two appellants is competent.