RAM DAYAL Vs. BHIM SEN

JUDGEMENT

(1.) This appeal is before us on a reference made by a learned single Judge.

(2.) A Mani Ram was the occupancy tenant of the disputed land. He died in May, 1952 leaving behind him his maided daughter, Gomti. At the moment of his death Gomti was enceinte. In Agahan, 1952 - (corresponding to a November, 1952) she gave birth to a son. He was named Ram Chandra.

(3.) The Defendant trespassed on the holding of Mani Ram after his death. So Ram Chandra instituted a suit for his ejectment. Ram Chandra died during the pendency of the suit. His father, Bhim Sen, was then substituted in his place.