ORDER

1. This appeal is directed against the judgment and decree dated 17-10-1981 passed by the Madhya Pradesh High Court (Gwalior Bench) in SA No. 60 of 1972. The predecessor-in-interest of the respondent Karimbux instituted a title suit being Case No. 18-A/65/OC in the Court of the Civil Judge, Bhind for the declaration of title and permanent injunction, inter alia, contending that the said Karimbux acquired title to the suit property consisting of a well and the adjoining land by virtue of his purchase from one Sarifan who acquired the title in turn from Bandi Jaan on the basis of a Will. The predecessor-in-interest of the appellant denied the title of the plaintiff by contending that the plaintiff had no title to the said property. On the contrary, the defendant claimed title to the property by adverse possession and also contended that the well in question was dedicated to the public at large. The said suit was dismissed by the trial court on a finding that the title to the property could not be established by the plaintiff and the Will alleged to have been executed by Bandi Jaan was also not produced.

2. The plaintiff thereafter preferred an appeal before the lower appellate