PARMATMA SINGH Vs. MANIKA

JUDGEMENT

(1.) The facts are Smt. Manika instituted a law suit under Sec. 61/80 U.P. Tenancy Act on 5.5.1962 in the court of Assistant Collector, First Class, Ballia. In her pleadings the land is claimed as her sir and relief for possession has been prayed for. Defendant Ram Singhasan disputed her claim. On 19-6-1973 the suit was dismissed; defendant Ram Singhasan declared Shikmi tenant. Smt. Manika appealed. Additional Commissioner by his judgment and decree dated 27-7-1974 has up-turned the decision and suit is decreed. Defendant Ram Singhasan has carried the second appeal in this court. Some respondents died.

(2.) Heard the counsel for and against on time barred substitution application.

(3.) While the second appeal lay, defendant Ram Singhasan died. On his demise his sons and legal representatives Parmatma Singh and Kuber Nath Singh have been substituted. Four deaths also did take place on respondent's side. Parmatma Singh, defendant-appellant, moves an application on 10-11-1986 for substitution of their heirs. Respondent's who are dead are named below : <FRM>JUDGEMENT_110_LAWS(ALL)9_1991.html</FRM>