RAM KAUR Vs. NARVAIL SINGH

JUDGEMENT

(1.) THE present revision petition has been filed by Smt. Ram Kaur widow of Bakhtawar Singh directed against the judgment of the Appellate Authority, Jagadhari dated 17.2.1998. An order of eviction was passed giving the tenant two months time to vacate the premises. During the pendency of the revision petition Smt. Ram Kaur is stated to have died. An application has been filed by Baljinder Singh under Order 22 of the Code of Civil Procedure for him to the impleaded as the legal representative of the deceased. Baljinder Singh claims that he is the adopted son of Bakhtawar Singh and his wife. It has been pointed that during the pendency of the eviction petition Bakhtawar Singh died. His two widows Ram Piari and Ram Kaur were impleaded as the legal representatives. Subsequently, Ram Piari also died. Bakhtawar Singh was thereafter represented by sole surviving widow Ram Kaur. It is claimed that after the death of Bakhtawar Singh Baljinder (Bakhtawar ?) Singh has obtained the succession certificate with respect to the estate of Baljinder Singh. Since the right to sue survived, the application states that he should be impleaded as the legal representative.

(2.) REPLY has been filed by the respondent. It is denied that applicant is the adopted son of Bakhtawar Singh. Bakhtawar Singh is stated to have died on 22.6.1992. At no time the present applicant claimed himself to be legal representative. Even when Bakhtawar Singh died, the applicant did not get himself impleaded as the legal representative. Plea has been raised that no date of the alleged adoption even has been given. It is denied that applicant had been living with Smt. Ram Kaur or could inherit any such right. Reliance was placed on the voter's list to show that applicant has been shown as son of Sewa Singh and not of Bakhtawar Singh. Even in the ration card the name of the applicant does not find a mention in the family of Bakhtawar Singh. He is still living with Sewa Singh.

(3.) THIS Court had directed the applicant to produce his matriculation certificate. It reveals that he passed his matriculation and is shown as son of Sewa Singh rather than Bakhtawar Singh. This was of 2.12.1984.