SOHAN LAL Vs. BINDESHWARI DEVI

JUDGEMENT

(1.) This is an application in revision. It arises out of a suit filed by one Smt. Poona Devi, widow of one Chhabha Lal, for the recovery of Rs. 600/-; and, in the alternative, for the return of a gun. The gun in question is said to have been sold off by defendant No. 1 Sohan Lal, the pairokar of Chhabha Lal, to defendant No. 2 Madan Singh. Smt. Poona Devi died during the pendency of the suit. An application was made by six persons to be impleaded as legal representatives of the deceased. The first four applicants claimed to be the daughters of Chhabha Lal deceased by his previous wife, the fifth applicant claimed to be the daughter's daughter and the sixth applicant claimed to be the daughter's son of Chhabba Lal deceased. All the applicants alleged themselves to be the children or descendants of Chhabba Lal deceased fey his previous wife. They also claimed to be the legal representatives in their capacity as legatees, as they alleged that Chhabba Lal had executed a will in their favour.

(2.) The trial court found that they were not the children or descendants of Chhabba Lal from his previous wife. They would not, therefore, be the heirs of Chhabba Lal, and, as such, could not be held to be the legal representatives in that capacity. It further found that they had failed to prove the genuineness of the will set up by them in their favour. They also, therefore could not claim to be the legal representatives of the deceased as legatee of Chhabba Lal. The trial court, however, relied on the admission made on behalf of the defendants to the effect that the applicants were residing in the house of Chhabba Lal, and were in possession of a part of the house of Chhabba Lal. It, therefore, treated them as intermeddlers and impleaded them as the legal representatives of the deceased.

(3.) Dissatisfied with said order, this revision has been filed by Sohan Lal and Madan Singh, defendants Nos. 1 and 2 in the case.