Judgement

Appeal (No. 182 of 1924) from a decree of the High Court (June 29, 1923) reversing a decree of the Subordinate Judge of the 24 Parganas.

The suit was instituted by the appellant, who claimed by his plaint that he had acquired title by adverse possession to certain premises described as the three-storied portion of a house in Ram Kamal Mukerjee Street, Calcutta.

The material facts appear from the judgment of the Judicial Committee.

Law Rep. 53 Ind. App. 201 ( 1925- 1926)

Annada Prashad Das V. Ambica Prashad Das 88

The trial judge made a decree as prayed. On appeal to the High Court (Mookerjee and Rankin JJ.) the decree was set aside and the suit dismissed upon grounds affirmed by the present judgment.

1926. June 18. Kenworthy Brown for the appellant. The Subordinate Judge rightly construed the will with reference to the Hindu law as to a widows right of residence. Her right was merely to have suitable apartments in the house specified. The appellant was in possession as of right, subject to his mothers right of residence. His possession was adverse to the purchaser. [Reference was made to Suriyanarayana Rao Naidu v. Balasubramania Mudali (( 1920) I. L. R. 43

M. 635, 638.), a