SOBHA RAM Vs. BAHADUR SINGH

JUDGEMENT

(1.) Sobha Ram and another had filed an appeal against the judgment and decree, dated 24-10-1969. passed by the District Judge, Sirmur at Nahan. dismissing the appeal of Sobha Ram against the judgment and decree of the Senior Sub Judge, Nahan. decreeing the suit of Bahadur Singh for possession of the suit land through pra-emption.

(2.) Bahadur Singh plaintiff-respondent died during the pendency of this second appeal and according to the appellants he had no legal representative excepting Ohetu respondent No. 2, vendor, and as such the appeal must now be accepted as the suit had become in-fructuous. inasmuch as the appeal is also in continuation of the suit and the suit be dismissed.

(3.) Sunder Singh son of Chuhar Singh filed a reply to this application opposing the same on the ground that the deceased had transferred through a registered gift deed, dated 14-8-1969 his night, title and interest in. the land measuring 12 bighas 10 biswas including the land in dispute in the appeal along with share in the shamilat situate in village Chavahan in his favour and he had been in peaceful possession thereof ever since. The deceased had also previously donated the rest of his land measuring 9 bighas 19 biswas in his favour by a registered gift deed, dated 21-12-1953 and that he was his nearest surviving collateral next to Chetu respondent and that in law he was the legal representative of Bahadur Singh deceased for the purposes of the present appeal being a transferee of the estate of the deceased including the entire land which is the subiect-matter of the appeal. It was also contended that the suit had not become infructuous. The suit was decreed in favour of Bahadur Singh deceased who after obtaining title and possession of the land in suit gifted the land by means of a registered deed, dated 14-8-1969.