Judgement

Appeal by special leave from a judgment and decree of the High Court (July 13, 1911) affirming a decree of the Subordinate Judge of Gorakpur.

The suit was brought by the first and second respondents (father and son) against the appellant and his brother (since deceased) and transferees from them, to recover so much of certain property formerly held by one Dilla Kunwari as was in the defendants possession. Dilla Kunwari and Kishen Kunwari had in 1861 obtained possession in equal moieties of property formerly held by their husband, who died in 1851 ; Kishen died in 1879, having disposed of her moiety in favour of her daughter Jadunath. Dilla, through whom the defendants took, had remained in possession of her moiety, the property now in dispute, from 1879 until her death in 1895.

Substantially the sole question upon the appeal was whether, under the circumstances stated in their Lordships judgment, Dillas possession had been adverse to the first respondent, so as to entitle the defendants to succeed under the Indian Limitation Act, 1877, sched. II., art. 144.

The High Court, affirming the view of the Subordinate Judge, held that the possession of Dilla was merely in lieu of