1. SHAFIUR RAHMAN, J. --The petitioner seeks leave to appeal against the judgment of the Appeal Bench of the High Court dated 25-10-1976 whereby the application filed by the petitioner for setting aside the abatement on account of the death of Mahmood Ali on 23-1-1971 and bringing on record his legal representatives, was dismissed as abated.
2. The learned counsel contended that the impugned order of the High Court proceeds on the assumption that Mahmood Ali was residing in the same premises which were in dispute and where the petitioner, was also residing. If this had been the case, the conclusion drawn by the learned Judge of the High Court would have been sustainable for the petitioner would not have remained unaware of the death of the co-occupant of the premises. However, it is contended that according to the death certificate filed by the petitioner before the Appeal Bench, it was clear that the death of Mahmood Ali had taken place in a different locality of the same city. In such a situation, neither the assumption nor the conclusion on which the relief has been denied to the petitioner would be supportable.
3. We consider it to be a fit case for grant of leave to appeal which is hereby granted.
4. Security in the sum of Rs.2,000.
5. The appeal to be heard on the present record with liberty to the parties to file such additional documents as they may consider necessary. Status-quo already ordered to remain in the field.