JUDGMENT

M. Jagannadha Rao, J.-The appellant is the legal representative of the original plaintiff Sri R.C. Chopra in the suit bearing Suit No. 25/1 of 1970 on the file of the Senior Sub-Judge, Simla District, Simla, in the State of Himachal Pradesh. The present suit was filed by the said Sri R.C. Chopra for possession and Rs. 610/- as past mesne profits. The trial Court decreed the suit on 30.11.1976 for possession but refused to pass a decree for mesne profits. The defendant appealed before the District Court, Simla which dismissed the appeal by judgment dated 23.7.1977. On further appeal by the defendant in R.S.A. No. 70 of 1977, learned Single Judge of the High Court of Himachal Pradesh, by judgment, dated 29.10.1991 allowed the appeal, set aside the judgments of the lower Courts and dismissed the suit on a new question, namely, that the present suit was not maintainable in view of Section 47 of the Code of Civil Procedure, as it stood before the 1976 Amendment. The plaintiff died on 22.10.1985, during the pendency of the Second appeal. This appeal by Special Leave has been preferred by the plaintiff s legal representatives.

2. The property in question belonged originally to one