PYARE Vs. PYARE S/O HIRA

JUDGEMENT

(1.) This is a defendants' appeal against a judgment and decree passed by Mr. Manohar Lal Vijh, Senior Subordinate Judge, Delhi, dismissing the appeal of the landlords against the decree passed against them by the Subordinate Judge on the ground that the appeal had abated due to the death of one of the landlords.

(2.) Kure was the occupancy tenant of the land in dispute under Section 6 of the Punjab Tenancy act. Pyare sued the landlords for possession of the tenancy land in dispute on the ground that he had been adopted as a son by Kure deceased. This suit was decreed and an appeal was taken to the Senior Subordinate Judge.

(3.) During the pendency of the appeal, one of the landlords, Gordhan son of Sis Ram, died and his legal representatives were not brought on the record within the time allowed by law and the Senior Subordinate Judge held that the whole of the appeal had abated.