ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the High Court of Punjab & Haryana at Chandigarh, made on July 26, 1995 in RSA No.575/95.

3. The admitted position is that one Mukhtiar Singh was original owner of the property. He died in 1966 leaving behind him his son Harsukhjit Singh and his widow Pritam Kaur. Pritam Kaur died in 1971. Harsukhjit Singh has two sons, viz., Parshotam Singh and Lakhmir Singh. The respondents are the widow and sons of Lakhmir Singh and the appellants are the heirs of Parshotam Singh. The appellant-plaintiffs had filed a suit for joint possession and declaration that they are entitled to half the share in the property succeeded by Harsukhjit Singh. The trial Court decreed the suit. But, on appeal, it was reversed. The High Court dismissed the appeal on the ground of delay. Thus, this appeal by special leave.

4. On the facts and circumstances, the High Court was not justified in dismissing the appeal on the ground of mere delay. The High Court would have gone into the question of the right to the succession of the property. It is seen that the appellate Court had recorded a finding