Judgment

FAZAL ALI, J. :- This is a plaintiffs appeal by special leave against a judgment and decree of the Patna High Court dated 30th September, 1970 and arises in the following circumstances :

The plaintiff filed a suit for declaration of his title and recovery of possession and also a permanent injunction restRaming the defendant municipality from disturbing the possession of the plaintiff. It appears that prior to the suit, proceedings under S. 145 were started between the parties in which the Magistrate found that the plaintiff was not in possession but upheld the possession of the defendant on the land until evicted in due course of law.

2. In the suit the plaintiff based his claim in respect of plot No. 1735, Ward No. 1 of Ranchi Municipality on the ground that he had acquired title to the land by virtue of a Hukumnama granted to him by the landlord as far back as 17th April, 1912. which is Exhibit 18. Apart from the question of title, the plaintiff further pleaded that even it the land belonged to the defendant municipality, he had acquired title by prescription by being in possession of the land to the knowledge of the municipality for more than 30 years, that is to say, fro