SHEO DATT Vs. MST. SARBATI AND OTHERS

JUDGEMENT

(1.) THIS second appeal has been filed by the Defendants against the order of the lower appellate Court remanding the case to the trial court for fresh decision after framing an additional issue under Order 41, Rule 23A, Code of Civil Procedure Code. The appeal was shown to have been disposed of by the lower appellate Court and the judgment and decree of the trial Court were declared to have been set aside on more than half a dozen issues without commenting on all the points in controversy.

(2.) SHEO Datt, Appellant No. 1, died during the pendency of this second appeal. His son and two daughters have applied within time for being brought on record as legal representatives. The Respondents' counsel has no objection to the substitution of their names in place of the deceased Appellant No. 1. Necessary corrections may be made by the office in the title of the case. This disposes of Civil Miscellaneous No 614 of 1974(sic) filed by the legal representatives of Sheo Datt deceased, Appellant No. 1.

(3.) THERE was consolidation of holdings in the village in the year 1960 -61. The case of the Plaintiff Respondents is that they first came to know of change of entries in revenue records about the reduction of their share in the ancestral had during the consolidation proceedings and that the mutation order had been got attested by the Defendant -Appellants family branch in collusion with the Revenue officers without knowledge to any member of the Plaintiffs' family branch. This suit was therefore filed by the Plaintiff -Respondents in September, 1962, for a declaration that they still continue to own a half share in the ancestral land in dispute according to the pedigree table.