LAWS(ALL)-2007-12-48

RAGHUBIR SINGH BISHT Vs. BINDRA DEVI

Decided On December 14, 2007
RAGHUBIR SINGH BISHT Appellant
V/S
BINDRA DEVI Respondents

JUDGEMENT

(1.) HEARD Sri Sharad Sharma, counsel for the appellant and Sri B. C. Pande Sr. Advocate, assisted by Sri Naresh Pant, counsel for the respondent.

(2.) BY the present Second Appeal filed under Section 100 of the Code of Civil Procedure, the appellant has prayed for setting aside the judgment and decree dated 10th August, 1992 passed by District Judge, Pauri Garhwal in First Appeal No. 597 of 1983 Smt. Bindra Deui and others Vc. Raghubir Singh Bisht and another arising out of Original Suit No. 47 of 1979 Smt. Bindra Deui and others Vs. Raghubir Singh Bisht and another.

(3.) BEFORE going to the merits of the case, it may be pointed out that it is a case, where the litigation has started in the year, 1979 i. e. more than 28 years have already passed and the defendants/ appellants on one or other pretext are delaying the proceedings, although, he surrendered his tenancy in the year, 1977, however, the litigation is still go ing on.