PAT RAM, ETC Vs. EKAM SINGH, ETC

JUDGEMENT

(1.) This judgment Will dispose of the other connected Regular Second Appeal No. 818 of 1970 as well in which the same questions of law are involved.

(2.) Smt. Kishani Bai sold the suit land as per registered sale-deed dated 16th February, 1970 to the defendants respondents for an ostensible consideration of Rs. 6,000/-. Sardara son of Chatra filed a suit for possession by preemption on the ground that he was a tenant on the suit land under the vendor at the time of sale and that defendants vendees were strangers. This suit was filed at Hissar in the Court of the Senior Subordinate Judge. It was later transferred by the District Judge to a Civil Court at Fatehabad. During pendency of the suit Fatehabad, Pat Ram one of the sons of Sardara made an application on 31st January, 1969, for being impleaded along with his brothers as plaintiffs. It was stated by him that Sardara had died. The application of Pat Ram was resisted and another one was filed by Smt. Kesar and Ram Devi claiming that they were also legal heirs of Sardara deceased along with Pat Ram and others.

(3.) After hearing arguments of both the parties the trial Court dismissed the suit as having abated holding that the right to sue did not survive. The other suit filed by Sardara deceased claiming possession by pre-emption of another piece of land sold by Motan Dass, Vir Bhan and Hukam Chand vide registered sale-deed dated 16th February, 1968, for an ostensible consideration of Rs. 15,000/- was also similarly dismissed.