BIHARI Vs. CHAMELI

JUDGEMENT

(1.) This order shall dispose of two Regular Second Appeals namely 1455 and 2036 of 1980, as they arise from the same judgements and decrees.

(2.) These appeals arise from a suit filed by one Bihari son of Tota Ram, praying for a declaration to the effect that he alongwith defendants no.7 to 9 (respondents no.9 to 11 in the present appeal), were owners in possession of the suit land comprised in Khewat No.210/1, Khatauni No.251/1, 252 measuring 7 Kanals 19 Marlas, Khewat No317, Khatauni No.406, 407 measuring 21 Kanals 7 Marlas, Khewat No.390 Khatauni No.502 measuring 19 Kanals 6 Marlas, Khewat No.430/1 Khatauni No.571 and 572 measuring 22 Kanals, total measuring 70 Kanals 12 Marlas, fully described in the Jamabandi of the year 1970-71.

(3.) Vide judgement and decree dated 14.3.1977, the Senior Sub Judge,Narnaul, decreed the suit to the extent of 19/24 share. In appeal, the Additional District Judge,Narnaul, reversed the decree in part. Counsel for the respondents in RSA No.1455 of 1980 submits that during the pendency of the present appeal, Bihari passed away. His legal representatives: Ram Gopal (his son) and widow have sold the share decreed in favour of Bihari, to the respondents. He further states that in view of the aforementioned facts, the present appeal has been rendered infructuous and may be disposed of as such.