LAL SINGH Vs. MANGAT RAM

JUDGEMENT

(1.) Sher Singh (now deceased) agreed to sell his land measuring 36 Kanals 12 Marlas in village Mahmoodpur, Tehsil Jagadhri, to Mangat Ram respondent for Rs. 10,500/- till 1st February, 1967, vide agreement dated 8th December, 1966. Sher Singh was paid Rs. 500/- by way of earnest money and it was stipulated that in case Sher Singh did not sell his land by 1st February, 1967, then he would be liable to refund the earnest money and further to pay Rs. 500/- by way of damages. Sher Singh, however, sold the land in favour of Lal singh appellant on 19th December, 1966. On 15th February, 1967 Mangat Ram respondent filed a suit for specific performance of the agreement of sale against Sher Singh and Lal Singh appellant. The suit was decreed by the trial Court on 23rd December, 1968. The operative part of this decree reads :

(2.) Following issues were framed :-

(3.) The learned counsel for the appellant has contended that Sher Singh deceased had sold the land in favour of Lal Singh appellant on 19th December, 1966. Lal Singh was, therefore, the owner of the land in dispute when Sher Singh died in 1972. Sher Singh was not a necessary party in the appeal filed by Lal Singh against the decree of the trial Court in favour of Mangat Ram respondent. The death of Sher Singh could not result in the abatement of the appeal filed by Lal Singh irrespective of the fact that the former's legal representatives were not impleaded as parties. The contention is without merit.