RAMJEE MISHRA Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the appellants and perused the impugned order dated 30.7.1999 passed in Title Appeal No. 47/96 by the 6th Additional District Judge, Siwan.

(2.) THE sole respondent Ram Swaro Kuer in the aforesaid appeal died on 14.7.1997. The appellants claiming to be the only heirs and legal representatives of the sole respondent sought for declaration of their right, title and possession over the suit land because even if they failed in succeeding in the appeal, they will inherit estate of Ram Swaro Kuer as legal heirs. On the contrary, Rameshwar Mishra and Uma Shanker Mishra had claimed that before the death of Ram Swaro Kuer, she had bequeathed her property to them through registered deed of gift dated 20.1.1997 and that they have been coming in possession of the property left by her. Rameshwar Mishra and Uma Shanker Mishra also filed application praying therein for substituting their names in place of sole respondent in the court below, namely, Ram Swaro Kuer.

(3.) IN the present appeal filed by the appellants, none has been added as respondents.