JUDGMENT :

Anil Kshetarpal, J.

1. This regular second appeal has a checkered history as the Supreme Court on two different occasions has set aside the judgments and decrees passed by the courts below and remanded the case back to the courts for a fresh decision. Hence, it is considered appropriate to give factual background.

2. This appeal has been filed by the legal representatives of Sh. Sohan Singh, who was the defendant in the suit filed by Sh. Rachhpal Singh for possession by redemption of land measuring 25 kanals and 5 marlas, situated in village Bhatoya. The suit was dismissed on 20.11.1973, which was affirmed in the first appeal by the judgment and decree dated 20.09.1975. During the pendency of the regular second appeal, an application under Order XIII Rule 3 CPC was filed for permission to settle the dispute amicably. The application as well as the regular second appeal filed by the plaintiff was dismissed on 22.01.1985. Against the aforesaid judgment, the plaintiff filed Civil Appeal No.5205 of 1993, which was allowed on 24.09.1993. The relevant portion of the order is extracted as under:-

'It is obvious that on that conclusion reached by the High Court, after rejecting the