ORDER :

V.N. Khare, B.N. Agrawal, JJ.

Unit No. 142 comprising Khasra Nos. 2411 to 2417, 2428 and 2429 and Unit No. 140 comprising Khasra Nos. 2405, 2406, 2408, 2409, 2410, 2418, 2419 and 2420 situate in the town of Dharmsala were held to be the evacuee property. The Custodian Department, therefore, sold Unit No. 142 to Amar Singh, the husband of the respondent No. 1 - plaintiff, whereas Unit No. 140 was sold to Roop Singh, predecessor-in-interest of the defendant-appellants herein, through registered conveyance deeds.

2. In the year 1968, Roop Singh, the predecessor-in-interest of the appellants herein brought a suit in the Court of Sub-Judge, Dharnmsala for declaration that an area measuring 390 sq. feet is the part of Unit No. 140. In the said suit, the husband of plaintiff-respondent herein was impleaded as defendant. The trial court did not find title of predecessor-in-interest of the appellants in the said land. Consequently, the suit was dismissed. The appeal preferred before the first appellate court was dismissed and the second appeal filed before the High Court also met with the same fate. Thereafter, the respondent herein brought a suit for declaration that she has a title i