Judgment

MUDHOLKAR, J. : The only question for consideration in this appeal by certificate from the High Court of Punjab is whether the suit for possession instituted by the respondents Lal Singh and Pratap Singh is within time. According to the appellants the suit is governed not by Art. 141 of the Limitation Act, 1908 (9 of 1908) as held by the High Court but either by Art. 142 or by Art. 144 and is on that basis barred by time. While it is conceded on behalf of the respondents that the suit is not governed by Art. 141 it is contended that it is governed by Art. 144 and not by Art. 142 and is within time. In order to appreciate the contentions it is necessary to set out the relevant facts which are no longer in dispute.

2. Mst. Raj Kaur was in possession of 851 kanals 18 marlas of land situate in village Dhaipai in the former State of Faridkot. Out of this land 481 kanals 7 marlas was in her possession as occupancy tenant, the landlord being the Raja of Faridkot while the remaining land was held by Smt. Raj Kaur as Adna Malik the Aala malik again being the said Raja of Faridkot. In Samvat 1953 (A.D. 1898) Smt. Raj Kaur who had two daughters Prem Kaur and Mahan Kaur, adopted, the fa