Judgement

Appeal (No. 53 of 1922) from a decree of the High Court (December 11, 1919) affirming a decree of the District Judge of South Canara (August 3, 1917), which affirmed a decree of the Subordinate Judge.

The questions for determination in the appeal were (1.) whether the appellant was entitled to a declaration against the respondent that certain kumri lands in South Canara belonged to his tarwad, and that the respondent was bound to issue to him pattas in respect thereof, and (2.) whether the suit was barred by limitation.

The facts appear from the judgment of the Judicial Committee.

The trial judge, the Subordinate Judge of South Canara, made a decree dismissing the suit, and that decree was affirmed by the District Judge. An appeal to the High Court was dismissed after further findings had been called for and submitted.

1924. Feb. 25, 26. De Gruyther K.C. and Narasimham for the appellant.

Dunne K.C. and Kenworthy Brown for the respondent.

Reference was made by the appellants counsel to Vyakunta Bapuji v. Government of Bombay (( 1875) 12 Bom. H.C. (O.C.J.) 1.), and to the Manual of South Canara District ( 1894), vol. i., pp. 123, 209, as well as to the two decisions as to k