Judgement

MITTER, J. :- This is a plaintiff s appeal from a judgment of reversal by the High Court, setting aside the finding of the trial court that the defendants (respondents before this court) were trespassers to the extent of the plaintiff s interest in the lands in suit and awarding a decree holding the plaintiff entitled to get khas possession of the said lands, to the extent of the said interest by evicting the defendants therefrom. Disagreeing with the finding of the trial court, the High Court held that the defendants and their predecessors in interest had, to the knowledge and without objection of the proprietors of the Touzi in which the lands are situate, been in possession thereof for more than 12 years asserting a lakheraj interest in the property and had acquired the title of Nishkardar. According to the High Court the plaintiff could only ask for assessment of rent of the lands held by the defendants for which separate proceedings were necessary. In appeal to this court, the plaintiff-appellant seeks to have the decree of the trial court restored.

2. The pleadings in the suit out of which the appeal arises suffer considerably from lack of clarity and precision. Howev