M.M.S. Bedi, J.:-Counsel for the applicant and the counsel for the respondents agreed that the rights of applicant- Harmohan Singh Paul who claims himself to be the only legal representative of the appellant Basant Kaur need to be determined before the final adjudication of main appeal. It is averred in the application that the appellant Basant Kaur w/o Ran Singh died on September 19, 2001 during the pendency of the appeal, leaving behind the following natural heirs, namely,

i) Manmohan Singh, son

ii) Sukhdial Singh, son

iii) Jagdev Singh, son and

iv) Harminder Kaur, daughter.

The dispute in the present appeal pertains to the Will of Dr. Ran Singh. By virtue of the said Will, he had bequeathed House No.322, Sector 9 D, Chandigarh upon Sukhdial Singh, his son and Harminder Kaur Sandhu, his daughter, besides bequeathing life interest in favour of Basant Kaur. Sukhdial Singh, Harminder Kaur and Basant Kaur entered into an agreement of sale dated February 12, 1993 with applicant-Harmohan Singh Paul for Rs.27 lacs and received Rs.5 lacs as earnest money, which was paid to all the above said three persons by way of bank drafts. It is asserted that the right to sue survives inasmuch