IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. R.S.A. No.334 of 1987 (O&M) Date of decision: 28.10.2009 S. Amar Singh. -----Appellant Vs. Smt. Taro. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL Present:- None for the appellant. Mr. Hemant Sarin, Advocate for the respondent. --- ORDER: This appeal has been preferred by the original defendant against decree for joint possession granted by the courts below. The respondent/plaintiffs filed suit for possession on the basis of title as heirs of late Harnam Singh. The defendant relied upon Will executed by Smt. Ramo wife of Harnam Singh, who had derived title by virtue of gift deed. According to the plaintiff, in the gift deed only the life estate had been given and Ramo could not have, thus, made a Will of the said property. The trial Court upheld the plea of the plaintiffs and decreed the suit with regard to 1/4th share of the suit RSA No.334 of 1987 property. The said decree was affirmed by the lower appellate Court. In this appeal, it has been stated that the gift deed was for maintenance and therefore, Ramo became absolute owner. When the appeal was filed, no substantial question of law was framed. The advocate who filed the appeal had become Senior Advocate long back and thereafter, he is said to have died. No alternative arrangement has been made. This matter has been shown in the list earlier also. In these circumstances, this appeal is dismissed for non-prosecution. October 28, 2009 (ADARSH KUMAR GOEL) ashwani JUDGE 2