MALOOK DASS Vs. SAHIB RAM

JUDGEMENT

(1.) THIS second appeal is directed against the decision of the Senior Subordinate Judge reversing on appeal the decision of the trial Court dismissing the Plaintiff's suit.

(2.) MAHANT Ganga Dass brought a suit for possession of three Bighas of land out of khasra No. 1639 min., against Sahib Ram Defendant on the ground that the Defendant had taken illegal possession of it and had included the area in dispute in his khasra No 1638. According to the Plaintiff the land in khasra No. 1639 min. is the property of Thakar Dwara of which he is the Mahant. The Defendant raised the plea that the land in dispute was his property and in any case he had become its owner by adverse possession. During the pendency of the suit Mahant Ganga Dass died. His chela, Malook Dass, made an application for being impleaded as his legal representative. This application was allowed after it had been contested by the Defendant. Malook Dass was impleaded as the legal representative of Ganga Dass and was allowed to continue the suit. The trial Court decreed the suit and granted the decree prayed for. Against this decision, the Defendant preferred an appeal to the learned Senior Subordinate Judge who allowed the appeal and reversed the decision of the trial Court on the short ground that Malook Das was not the legal representative of Ganga Das and, therefore, the suit had abated and thus no decree could have been passed by the trial Court. It is against this decision that the present second appeal has been preferred.

(3.) THE second contention raised by Mr. Puran Chand is that on the merits the Senior Subordinate Judge has gone wrong in holding that Malook Das is not the successor of Ganga Das There is abundant evidence on the record to hold that Malook Das was the chela of Ganga Das. After the death of Ganga Das he was managing the affairs of the institution and, therefore, he would in this situation be an intermeddler in any case. Section 2 (II) of the Code of Civil Procedure defines a legal representative, in these terms -