Order

In this case, the respondent has not appeared inspite of service.

Heard learned counsel for the appellant.

2. The short facts are that one Kehar Singh was the owner of the land admeasuring 280 kanals and 18 marlas situated in Village Antowali (now in Pakistan). He died prior to the partition. His widow Kirpo succeeded to his estate as owner. She had two daughters Santi and Indro who came to India. Smt. Kirpo, widow of Kehar Singh was allotted suit land in lieu of the land left behind by her in Pakistan. In 1951 she died leaving behind two daughters who remained in possession of the suit land. Thereafter the Hindu Succession Act, 1956 came into force. Some time in 1961 one of the sister Santi died. In 1963, muta­tion on the entire land was made in favour of Indro, the other sister. On 2nd March, 1963, Indro entered into an agreement to sell of this land in dispute, with the present appellant. It seems that subsequent­ly as Indro tried to retract from the said agreement to sell, the present appellant had to file a suit for specific performance which was decreed in appellant’s favour.

3. This led to the filing of the present suit by one Teja Singh who is the brother of Santi’s pre-