- (1.) THIS is a second rent appeal by an unsuccessful defendant arising out of a suit under Section 180 'u. P. Tenancy Act'. It appears that four persons Prem Shankar, Girja Shankar, Durga shan-kar and Gyan Shankar instituted a suit against Darshan,. who was originally the appellant in this case but has since died, for possession of certain plots of land on the allegations that these plots belonged to the plaintiffs who owned specific shares in the plots but had been taken unlawful possession of by the defendant.
(2.) THE defendant contested the suit on various grounds and claimed proprietary interest in the plots. An issue on proprietary title was then framed by the Revenue Court and was referred to the civil court for decision. The decision of the Civil Court was in favour of the plaintiffs. On receipt of the finding of the Civil Court, the Revenue Court decreed the suit for possession of the plots in favour of all the four plaintiffs. Darshan then went in appeal to the District Judge but the appeal was dismissed and the decree passed by the trial court was upheld. He then came up in second appeal.
(3.) DURING the pendency of this appeal, Durga Shankar one of the four respondents died and an application was made by Darshan, appellant, on the 20th February, 1950, praying that Durga shankar having died on the 16th October, 1949 and the appeal having abated, the abatement may be set aside as Darshan did not know of the death of Durga Shankar within time. This application of Darshan was heard by this Court and an order was passed on the 13th April, 1951, rejecting the application. It was further ordered that the result of the abatement against Durga Shankar would be considered at the time of the hearing of the appeal. The effect of abatement against durga Shankar, respondent, has now to be considered.;