LAL MOHD. Vs. INAYAT ULLAH

JUDGEMENT

(1.) The facts are: Smt. Sundari alleged wife of Surajdin files a lawsuit under Sec. 229-B Z. A. Act in the Court of Assistant Collector, First Class, Allahabad. On 20-1-1967 the suit is decreed.

(2.) Defendant Lal Mohd and Smt. Saira Bibi file appeal No. 829/799 of 1967 in the Court of Commissioner. While appeal lay respondent Smt. Sundari dies. The question of succession of heirs arose. Appellants move on 19-5-1969 that she has died on 24-2-1969 heir less. An objection that Smt. Sundari has transferred her interest in land through a sale-deed on 3-3-1967. So Mahboob Alam alias Bacha and Ahmad Ullah be substituted in her place. Also Smt. Sundari has really died on 4.2.1969 and not on 24.2.1969. Appellants have alleged she has died issue less and Town Area, Mau Aima is heir to succeed. On 29-4-1970 Additional Commissioner orders file be sent to trial court to inquire who is heir of Smt. Sundari deceased.

(3.) The counsel for respondent moves an application that defendants No.5 to 8 were dead before lawsuit is filed by Smt. Sundari. The suit was against dead persons. There elicits a reply that Mohd. Mustafa and Zaiul Hasan were wrongly impleaded as defendants ; they had died. Their names were got deleted from the array of defendants. The rest of defendants were alive and decree is not against dead persons. Respondents 4 and 5 Qamrul and Sayeedul Hassah are alive and living in Behar. The report', about legal heirs did not come to Commissioner's Court because file of trial court was consumed in the devastating fire that gutted Collect orate record room. The applications and replies but no serious effort by court to make things intelligible. However, on 10-7-1992 Additional Commissioner has dismissed application dated 5-6-1989 requesting decree of trial court dated 20-1-1967 be set aside in view of loss of file.