The main legal point established in the judgment is the application of the principle of res judicata and the requirement to satisfactorily explain delay in filing an appeal, particularly in cases involving property disputes.

Heard the learned standing counsel for the appellant and Shri M.K.Gupta, learned counsel for the respondents.

This is an application to condone the delay of 11 years 92 days in filing the appeal.

2. Before adverting to the facts as stated in the application for condonation of delay, it would be appropriate to notice in brief: the controversy which was involved in the suit giving rise to the appeal.

3. The suit no. 333 of 1993 (Radhey Lal Maheshwari versus State of U.P and others) was instituted for permanent injunction restraining the defendants from selling any part of the property i.e property no. 28/647-45 siutate in Loha Mandi District Agra, treating it as Nazul poperty. In the said suit, besides the State of U.P, Nagar Mahapalika were impleaded as defendants. The plaintiff came out with the case that the said property was earlier declared as evacuee property and was vested in the Central Government. The said property was sold under the provisions of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 in favour of M/s Qaulity Marked Footwear Manufacturer Association, Agra through President of India. It appears that the said purchaser was in arrears of public dues with the result the Collector, Agra auction sold the said property for recovery of arrears of land revenue by the order dated 15.11.1972 and was purchased by the present plaintiff. It was stated that the defendants are illegally treating the property in dispute as Nazul property.

4. The suit was contested by the defendants by filing separate written statements disputing the fact that the property in dispute was ever declared as evacuee property. They came out with the case that property in dispute is Nazul property and it is recorded as such in the record of Nazul Department. This could not be sold as an evacuee property.

The parties led evidence. As many as 14 issues were framed. The Trial Court by its judgment & decree dated 29.5.1995 decreed the suit restraining the defendants permanently to auction sell the property in question on the findings that the plaintiff has proved his title by documentary evidence. He filed documents such as sale certificate etc. while on the other hand the defendants could not produce any satisfactory evidence.

5. Against the aforesaid judgment and decree, a First Appeal was preferred being First Appeal No. 330 of 1996 (Nagar Maha Palika versus Shri Radhey Lal Maheshwari & others). The said appeal has been dismissed by a Division Bench of this Court on 9.3.1999 by the following order:

"No one turns up on behalf of the appellants. One month's time is, however granted to the learned counsel for filing requisite number of paper book as per Rules of the Court failing which the appeal shall stand dismissed without any further reference to a Bench. "

6. After the dismissal of the aforesaid appeal filed by Nagar Maha Palika,Agra (now known as Nagar Nigam,Agra), the present appeal has been preferred on behalf of the State of U.P with delay. It may be noted that in the aforesaid First Appeal No.330 of 1996, the State of U.P through the Collector, Agra was impleaded as respondent No.2.

7. The present appeal has been presented before this Court on 26.11.2006. The office has reported that there is a delay of 11 years and 92 days in its filing. The condonation of delay has been sought for on the ground that all the relevant records relating to Nazul land were with the Nagar Palika (now known as Nagar Nigam). There was a long correspondence in between the Collector, Agra and Nagar Nigam to transfer the record but the Nagar Nigam failed to transfer the record, which occasioned the delay.

Further averments is that by the Government Order No. 2657/9-Aa-4-96-16 N-96 dated 23.9.1997, the disposal and management of Nazul land was handed over to the District Magistrate, Agra but the relevant records relating the Nazul land were not received in the office of the District Magistrate, Agra due to various reasons.

It has be