VIVEK AGARWAL,J. - (1.) Heard Sri Mahesh Sharma, learned counsel for the appellant. None for the respondent though in the cause list, the name of counsel is reflected.
(2.) This second appeal has been filed by the defendant being aggrieved by judgment and decree dated 14.12.1990 passed by VIIth Additional District and Sessions Judge, Bulandshahr dismissing the Civil Appeal No. 182 of 1987, Dalip Singh and other Vs. Smt. Rajkali confirming the judgment and decree dated 6.8.1987 passed by Vth Additional Munsif, Bulendshahr arising out of Suit No. 296 of 1983.
(3.) This second appeal was admitted on 28.1.1991 on the following substantial question of law. "As to whether property which has been continuously in possession of the defendants admittedly and fact having been admitted by the plaintiff that possession had been with the defendants, suit should not have been dismissed on the ground of being barred by time". ;