Judgement

Appeal (No. 98 of 1924) from a decree of the High Court (June 18, 1923) reversing a decree of the Second Subordinate Judge of Patna (May 26, 1920).

The appellant sued the respondents claiming khas possession of certain land, part of a village in Bihar, in respect of which there had been partition proceedings under the Estates Partition Act (V. of 1897, Ben.). The questions in the appeal were whether the defendants had a right of occupancy, and whether the suit was barred by limitation.

The facts are fully stated in the judgment of the Judicial Committee.

The trial judge made a decree in favour of the appellant. On appeal to the High Court (Kerr and Jwala Prasad JJ.) the suit was dismissed. The reasons of the learned judges appear from the present judgment.

1926. March 16. Dunne K.C., E. B. Raikes and K. Ali Afzal for the appellant.

Dube for the respondents.

May 10. The judgment of their Lordships was delivered by

MR. AMEER ALI. This is an appeal from a judgment and decree of the High Court of Patna pronounced on June 18, 1923, which, reversing the decree of the Subordinate Judge made on May 26, 1920, dismissed the plaintiffs suit.

The action is for the possession of some