Judgement

Appeal from a judgment and decree of the Chief Court (April 12, 1916) reversing a decree of the District Court of Karnal (December 22, 1912).

The appellants were the owners of Nawab Ganj, a market in the city of Karnal. The respondents, the Municipal Committee of that city, against the objections of the appellants, constructed a metalled road through the Ganj, alleging that the ground upon which it was laid was a " public street " within the meaning of s. 3, sub-s. 13 (b), of the Punjab Municipal Act (Punj. Act III. of 1911), and that it vested in them under that Act.

The facts, and the material portions of the sub-section above mentioned, appear from the judgment of their Lordships.

The appellants instituted the present suit in the District Court, praying that the respondents " may be

38 Law. Rep. 47 Ind. App. 25 ( 1919- 1920) Muhammad Rustam v. Municipal C ommittee of Karnal C ity

dispossessed of 1600 square yards of the court way upon which they have laid their road, and possession thereof be granted to the appellants."

The District Judge held that the appellants had conclusively proved their title to the land, and that it was not established by the evidence that the r