KANT DUBEY Vs. BRIJ MOHAN PANDEY

JUDGEMENT

(1.) HEARD Mr. J.S. Arora, the learned counsel appearing on behalf of the defendant -appellants and Mr. A.B. Ojha, the learned counsel appearing on behalf of the plaintiff -respondents.

(2.) THIS second appeal has been filed assailing the judgment and decree passed by the appellate court below affirming the decree in the suit in favour of the plaintiff -respondents.

(3.) THE facts are not in dispute between the parties that the plaintiffs were the title holders of the land described in schedule -Ka of the plaint and similarly the defendants were also title holders of the lands described in schedule -Kha of the plaint. The total area of land in schedule -Ka is 0.78 acres of village Dehri, P.S. Dinara, District -Rohtas. The total area of land described in schedule -Kha is also 0.78 acres out of which 10 decimal is situated in village -Dehri, P.S. Dinara, District -Rohtas and the remaining 68 decimals is situated in village -Agrerkhurd, P.S. Dawat, District -Rohtas. It is also admitted case between the parties that they agreed to exchange the aforesaid lands described in schedule -Ka and Kha in between them and two deeds of exchange dated 07.03.1987 have been executed and registered. By registered deed of exchange dated 07.03.1987, adduced in evidence as Ext. 2/a, the plaintiffs exchanged the schedule -Ka land described in the plaint with the defendants and similarly by registered deed of exchange dated 07.03.1987, adduced in evidence as Ext. 2 and also Ext. B, the defendants transferred their land mentioned in schedule -Kha of the plaint to the plaintiffs.