SHIV DAYAL
GULAB CHAND – Appellant
Versus
KRISHNA BIHARILAL AND ORS. – Respondent
( 1 ) ONE Bulakichand had instituted a suit for declaration of title and possession in respect of certain properties situated in Sarafa Bazar, Lashkar. On the plaintiff's death his widow Pattobai was brought on record. She continued the suit. Eventually, a compromise was arrived at between the parties. Some properties were then transferred by Pattobai to Krishin Biharilal, father of her counsel, under three sale deeds. The present appeals arise out of two suits instituted by ganeshilal and Laxmichand as reversioners challenging the alienation made by pattobai in favour of Krishin Biharilal. At the request of the counsel for both sides both the appeals have been heard together and are being decided by a common judgment.
( 2 ) DURING the pendency of the reversioners' suit for setting aside the alienation and for declaration, that the alienation was not binding on them, Pattobai died in the year 1953 The defendants then raised an objection that me suit could not continue because it was a declaratory suit, pure and simple, filed in a representative capacity by presumptive reversioners. But on the death of Pattobai since there no longer remained any claim in any 'presumpt
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