ORDER :- Sobha Ram and another had filed an appeal against the judgment and decree, dated 24-10-1969, passed by the District Judge, Sirmur at Nahan, dismissing the appeal of Sobha Ram against the judgment and decree of the Senior Sub Judge, Nahan, decreeing the suit of Bahadur Singh for possession of the suit land through pre-emption.

2. Bahadur Singh plaintiff-respondent died during the pendency of this second appeal and according to the appellants he had no legal representative excepting Chetu respondent No. 2, vendor, and as such the appeal must now be accepted as the suit had become infructuous, inasmuch as the appeal is also in continuation of the suit and the suit be dismissed.

3. Sunder Singh son of Chuhar Singh filed a reply to this application opposing the same on the ground that the deceased had transferred through a registered gift deed, dated 14-8-1969 his right, title and interest in the land measuring 12 bighas 10 biswas including the land in dispute in the appeal along with share in the shamilat situate in village Chavahan in his favour and he had been in peaceful possession thereof ever since. The deceased had also previously donated the rest of his land meas