GURDIAL SINGH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Court dated 3.12.1988 dismissing the application of the legal representatives of Smt. Parsanni who had filed the suit for possession. by way of pre-emption on the ground that she was the co-sharer. The application has been dismissed by following decision in Chandrup Singh v. Datta Ram, 1983 AIR(P&H) 1. In a later judicial pronouncement Kanti Rani v. Rama Rani,1989 1 RRR 22 1988 it has been ruled by the Hon'ble Supreme Court that on the death of a tenant pre-emptor during the pendency of the suit before the decree is passed in his favour, right to sue survives to the legal representatives. In Kanta Rani's case the view taken by the Full Bench of this Court in Chandrup Singh's case has been specifically over ruled. Following the law laid down by the apex court, this court holds that the view taken by the trial Court is unsustainable. The legal heirs are entitled to continue with the suit. However, it is added that since right to continue the suit is based upon the Will, issue would be struck by the trial Court on the point of validity of the Will in order to decide all the points in controversy. The revision petition is, therefore, allowed and the order of the trial Court is set aside. The trial Court would proceed in accordance with the law and in the light of the observations made above.

(2.) The parties through their counsel are, directed to appear before the trial Court on 24.4.1990.