- (1.) JUDGEMENT This is a plaintiffs appeal arising out of a suit for possession and a sum of Rs. 200 claimed as damages.
(2.) INITIALLY the suit was filed on 30th September, 1954 in the Court of Munsif. On the plea taken in defence that the suit was under-valued and on proper valuation it would be beyond the pecuniary jurisdiction of the Munsif, the plaint was returned for presentation to the proper Court and that order was upheld in appeal. Thereafter the plaint was presented in the Court of Civil Judge, Hardoi in the year 1956 where it came to be registered as suit No. 19 of 1956. The pedigree no more in dispute and material for purposes of appeal may be given us below :- Sultan Khan had a second wife, Imtiazan who had no issue. She survived Sultan Khan. The suit was field by Bismallah and Sardaran impleading their brother Habibullah as defendant No. 6. He was, however, subsequently by an order dated 31st October, 1957 transposed as plaintiff No. 3.
(3.) DEFENDANT No. 2 died during the pendency of this appeal and came to be substituted by his widow and issues namely, defendants Nos. 2/1 to 2/8. On the refusal of their, mother, grand-father and uncle being their guardian-ad-litem. Sri S.B. Mathur an Advocate of this Court, came to be appointed as the guardian-ad-litem of the minor issues of defendant No. 2. Subsequently defendant No. 1 father of defendants 2 and 3, also died during the pendency of this appeal and is now re-presenter by his son and grand-children.;