Viscount Haldane:-

This is an appeal from a judgment of the High Court of Allahabad, affirming the conclusion come to by the Subordinate Judge of Gorakhpur. The only question of substance is when time began to run under the Indian Limitation Act against a claim to recover possession made by the first respondent. The property in dispute was held by a Hindu lady called Dilla Kunwari. She died in 1895, and the controversy turns on whether her possession was that of one claiming adversely as against any other title, or whether, as the Courts below have held, that possession was not adverse but under licence from or by permission of the predecessors-in-title of the first respondent, a licence or permission granted during the lady's life-time, in order to afford her the maintenance which she claimed as a widow. In that case time did not begin to run against this claim until she died in 1895, and the Limitation Act has not operated so as to defeat this action.

It will be convenient, in order to make the situation of the parties intelligible, to set out the pedigree in a table :-

Chaudhri Sheo Shankar Lal (son) (first Chaudhri Satgur defendant, now deceased, in whose Prasad (son) place those