DALAIL SINGH Vs. LACHMAN SINGH AND ORS.

JUDGEMENT

(1.) THIS is a regular second appeal which has been pending since 1979. More than 32 years have passed and the appeal is still pending final adjudication. Today also, a request for adjournment is made on the ground that Mr. Y.D. Nagar, the learned counsel for the appellant has gone for some urgent work and, therefore, a date be given. It is not possible to adjourn the matter as it is one of the oldest matter pending in this court. Vide order dated 30.7.1979, this appeal was admitted and three substantial questions of law purported to be arising from the appeal were formulated by Hon'ble Mr. Justice Yogeshwar Dayal (as his Lordship then was) which are as under: -

(2.) IT may be pertinent here to mention that the issue No. 4 pertains to the alleged exchange of land which was under the occupation and possession of the appellant herein and in respect of which the respondents had filed a suit for possession.

(3.) THE appellant/defendant raised preliminary objections regarding the payment of court fees, the suit being barred by limitation. On merits, the appellant/defendant stated that the suit land was actually exchanged by Chattar Singh, the predecessor in interest of the plaintiffs/respondents with Shankar Singh, the predecessor in interest of the appellant/defendant (both being the real brothers) in the year 1917 for a plot of equal area in Khasra No. 748 situated in the same village at Munirka. It was accordingly stated that because of this exchange of land, the appellant/defendant was in lawful occupation of the land in question and the respondents/plaintiffs are not entitled to any decree for possession.