Mr. Raj Mohan Singh, J.: - This regular second appeal has been directed by the plaintiff against the judgment and decree dated 08.02.1988 passed by District Judge, Sangrur, whereby appeal was partly accepted while setting aside judgment and decree of the trial Court dated 18.07.1987.

2. Plaintiff Gurdev Singh filed a suit for declaration and permanent injunction claiming ownership being in possession of land measuring 24 kanals comprised in Khasra Nos.14 (8-0), 17 (8-0), 24(8-0) according to jamabandi for the year 1980-81 situated in the revenue estate of Village Badrukhan. The mutation No.6310 dated 27.01.1984 was also challenged. Relief of permanent injunction was also sought thereby restraining the defendants from interfering in the suit land.

3. Plaintiff claimed that Santa Singh was owner of the aforesaid land measuring 24 kanals which was known as Jogianwala Khet. Said Santa Singh (deceased) executed an exchange deed dated 28.01.1975 transferring the said land in favour of plaintiff in lieu of 3 bighas of land of the plaintiff comprised in Khasra No.23/24/1 of superior quality in the estate known as Tehliwala Khet. In part performance of the aforesaid exchange deed, Santa Singh had delivered possession of the land to the plaintiff and also took possession of the land of 3 bighas belonging to the plaintiff and since then plaintiff claimed his continuous possession over the land so exchanged. According to aforesaid exchange deed, the same was to be registered before 15.06.1975. Plaintiff alleged failure on the part of Santa Singh and aforesaid exchange deed could not be registered.

4. Plaintiff further alleged that Santa Singh filed a suit for possession against him on 06.08.1977. Trial Court dismissed the suit on 31.03.1978 on the ground that Santa Singh was debarred from claiming any right against the plaintiff and was estopped from claiming possession of the suit land. Trial Court decided the relevant issue in favour of present plaintiff (defendant in the said suit) to retain possession in view of Section 53 (A) of the Transfer of Property Act. The said judgment dated 31.03.1978 passed by Sub Judge Ist Class, Sangrur, was upheld in appeal before District Judge, Sangrur vide judgment and decree dated 18.08.1978.

5. The plaintiff also alleged that the defendants were bound by the said judgment and decree being heirs of Santa Singh. The suit was contested and after completion of necessary pleadings trial Court framed the following issues:

“1. Whether the plaintiff is the owner and in possession of the suit land by virtue of exchange deed dated 28.1.1975? OPP.

2. Whether the mutation No.6310 dated 27.1.1984 is ineffective qua the rights of the plaintiff in respect of the suit land? OPP.

3. Whether the plaintiff is entitled to the injunction prayed for? OPP.

4. Whether the suit is time barred? OPD.

5. Whether this Court has no jurisdiction to try this suit? OPD.

5(a). Whether the defendants are bound by decree dated 31.03.1978 and 18.08.1978? OPP.

6. Relief.”

6. The trial Court decided under Issues No.1 and 5(a) that the land in question was subject matter of exchange deed whereby the parties exchanged possession of their respective land. The matter was earlier agitated by the predecessor in interest of the defendants in a suit for possession which was dismissed (Ex.P-10) and the said judgment was upheld in appeal (Ex.P-11). In the present suit the claim of the plaintiff was that by virtue of exchange deed dated 28.01.1975 (Ex.P-1) plaintiff had become absolute owner of the land in question. The execution of exchange deed Ex.P-1 stood already proved in the earlier suit also under Issue No.2. The record of earlier suit was duly exhibited in the present case as Ex.P-2, Ex.P-3, Ex.P-4, Ex.P-8 to Ex.P-12. Trial Court, on the basis of evidence on record, decreed the suit for declaration that the plaintiff had become owner of suit land and the mutation No.6310 dated 27.01.1984 regarding the estate of Santa Singh in favour