(1) LEAVE granted.

(2) WE have heard Shri M.C. Bhandare, learned Senior Counsel for the appellants and Shri Satish Chandra, learned Senior Counsel for the respondent.

(3) IT is urged that the judgment and decree of the High court dated 10/2/1992 under appeal which, in turn, affirmed the decree of reversal of the first-appellate court dated 3/12/1976 requires to be set aside on ground alone that unfortunately the judgment which had been reserved on 3/10/1985 was rendered after the lapse of nearly seven years on 10/2/1992.

(4) WE do not propose to examine the larger question whether long delay, by itself, can as a matter of law affect the validity of the judgment. Appellants contention is that the appellants, who lost in the High court, should not have the apprehension that the arguments addressed seven years ago might not have come to be fully appreciated at the time of the writing of the judgment seven years later.

(5) THERE is yet another infirmity urged by the appellants. They contend that the judgment was not notified for pronouncement in the open court. They have appended to the memorandum of appeal the cause-list of the particular bench for the day indicating that the case was not listed for judgment that day. It is not necessary to pronounce finally on the contention. We are of the opinion that in the facts and the circumstances of this case ends of justice would require that the matter be reheard by the High court.

(6) ACCORDINGLY, this appeal is allowed; the judgment and decree of the High Court dated 10-2-1992 is set aside and Appeal No. 2461 of 1976 remitted to the High court for a fresh disposal in accordance with law.

(7) WE direct both the parties to enter appearance before the High court on 20/5/1994 without need for service of fresh notices to them on remand. We request the chief justice of the High court to list this second appeal before an appropriate bench immediately after reopening of courts after summer recess. We also request the High court to have the appeal disposed of most expeditiolisly.

(8) IN the meanwhile, subject to the final result of the appeal, the appellants shall, towards mesne profits, deposit at the rate of Rs. 8,000.00 per year in place of Rs 3600. The enhanced rate will apply to the years for which payment has not been made and for the future. 9. No order as to costs.