Law:

Section:

(a) Limitation Act (IX of 1908),S.5-Abatement of appeal -Belated application-Appellant filing application for setting aside abatement one year after knowledge of death of one of respondents-Abatement not to be set aside-Civil Procedure Code (V of 1908), Order XXII, r. 9. (b) Civil Procedure Code (V of 1908), Order XXII, rr. 4 & 11-Death of one of respondents-Legal representatives of deceased not brought on record within time-Appeal abates if right to proceed with appeal does not survive against surviving respondents. (c) Civil Procedure Code (V of 1908), O. XXII, r. 2--­Appeal arising out of suit for declaration that mortgage of occupancy rights effected by widow would not affect reversionary rights of reversioners after remarriage or death of widow pending in High Court-Widow not necessary party, but only proper party-Death of widow during pendency of appeal-Appeal does not abate. United Provinces v. Mst, Atiqa Begum and others A I R 1941 F C 16; Thakar Hari Ram v. Central Government through Secretary Commerce Department Delhi A I R. 1941 Lah. 120 ; Poonam Chand v. Motilal A I R 1954 Raj. 287 and Muhammad Amin v. Khammisa and another P L D 1956 Lah. 242 ref. (d) Punjab Tenancy Act (XVI of 1887) [as amended by Act IV of 1951], S. 59-Muslim widow holding occupancy rights can alienate such rights. Dr. Mir Haider and others v. Muhammad Ali 14 P R 1911 (Civil) ref. (e) Appeal-New plea--- Not being purely legal-Cannot be allowed to be raised in appeal. JUDGMENT A. R. CHANGEZ, J.-This second appeal arises out of a suit brought by Abdul Aziz and Kulsum Akhtar respondents for a declaration that the mortgage of the occupancy rights in respect of 44 kanals and 6 marlas of land detailed in the plaint, effected by Mst. Hussain Bibi, defendant in favour of Muhammad Khan defendant-appellant for Rs. 2,000, by means of mortgage-deed, dated the 12th of December 1952, shall have no effect on their reversionary rights after the death or remarriage of Mst. Hussain Bibi. In the plaint, it was alleged that the plaintiffs were the reversioners of the husband of Mst. Hussain Bibi and were entitled to inherit the property on her death or remarriage and that they were governed by…

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