RAM SAJIWAN Vs. CHHEDI LAL

JUDGEMENT

(1.) This revision by Ram Sajiwan Tewari and others is against the order of Additional Commissioner dated 16-4-1991 rejecting a revision against the order of trial Court allowing substitution of legal heirs in a suit under Sec. 275 U. P. Tenancy Act, 1939.

(2.) The facts as per exposition in the pleading are : Chhedi Lal institutes a lawsuit under Sec. 59 U. P. Tenancy Act in the Court of Assistant Collector, first class. The defendants are several inclusive of defendants No. 8 Kallu Ram. In addition are Ram Sajiwan, Ram Lakhan, Ram Krishna and Sri Krishna defendants No. 4 to 7. Plaintiff Chhedi Lal dies on 22-12-1968. The question of substitution of legal heirs arose. His son Gulab Chand moves his father has died and his four sons be substituted in place of deceased. An affidavit in support of contention is enclosed. Out of this tragic episode defendant Kallu Ram extracts an advantage. On 15-3-1989 through an affidavit he says widow Smt. Kaushalya Devi and daughters Smt. Asha Devi and Smt. Munni Devi be also substituted besides the sons. On 20-3-1990 trial Court has allowed substitution of Gulab Chand's the brothers, sons of deceased Chhedi Lal.

(3.) Aggrieved by the order a revision by Ram Sahiwa Tewari and five others along with Kallu Ram and others. On 16-4-1991 Additional Commissioners order of dismissed. Consequently a revision in this Court by Ram Sajiwan and heirs of Kallu Ram, since dead.