Judgment

K. RAMASWAMY, J.:- This appeal by special leave is at the behest of the plaintiff Jattu Ram. He laid a suit for declaration that Hakam Singh, the first respondent, had delivered possession of the plaint scheduled property in exchange and for consequential orders. In case No. 253-1 of 1981 by Addl. Senior Sub-Judge, Ferozepore, decreed on September 8,1983. On appeal, the Additional District Judge in Civil Appeal No. 161/83 allowed the appeal and dismissed the suit on February 12,1986. The High Court of Punjab and Haryana in R.S.A. No. 758/ 86 dismissed in limine.

2. The admitted facts are that the appellant possessed of 90 kanals 7 marlas of land scattered at different places in the Village Malikzada. The first respondent had agreed to exchange those lands with his land in an extent of 90 kanals 12 marlas and for the excess 5 marlas, the appellant had paid the money. It transpired later on that the first respondent had defective title of his lands since he had purchased from Kartar Kaur and her two minor sons. The minor sons filed a civil suit against Hakam Singh claiming 2/ 3rd share and the Civil Court decreed the suit holding that the sale made by the mother of their 2/3rd