JUDGMENT :

1. Heard Sri Neeraj Kushwaha, learned counsel for appellant. None has appeared on behalf of respondent, though called twice. Since it is an old appeal of 1981 and is pending for the last 38 years and find no reason but to proceed ex parte to decide it and proceed accordingly.

2. This is a defendant's appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”), arising from judgment and decree dated 18.03.1981 passed by Sri Jai Prakash Narayan, Civil Judge, Etawah allowing Civil Appeal No. 118 of 1977. Lower Appellate Court (hereinafter referred to as “LAC”) has set aside judgment and decree dated 11.04.1977 passed by Sri Ravi Narayan, IInd Additional Munsif/Judicial Magistrate, Etawah in Original Suit No.399 of 1973 (hereinafter referred to as “O.S.”) . Plaintiff's suit was dismissed by Trial Court but appeal has been allowed. Hence this appeal by defendant.

3. Suit for delivery of possession of the house in dispute and damages for use of it and pendente lite was instituted by plaintiff-Suresh Chandra against sole defendant-Vidya Shankar alias Daroga. Plaint case, set up by plaintiff, is that house in dispute belong to one Shamsher Khan, who