Sir Lancelot Sanderson. -

This is an appeal by the legal representatives of Bishen Singh, who was the defendant 1 in the suit, against the judgment and decree of the High Court of Judicature at Lahore, dated the 22nd July 1923. The High Court's judgment reversed the judgment and decree of the learned Subordinate Judge, who tried the suit. The suit was brought in July 1917, by the plaintiff Ujagar Singh, against Bishen Singh and two other defendants, viz., Abdul Rahman Khan, sometimes called Balwant Singh, and Jaswant Singh, sons of Gurbaksh Singh, to recover possession of the land mentioned in the plaint, situate in the Gujaranwala district, which was alleged by the plaintiff to have been part of the ancestral property of Hira Singh, the grandfather of the plaintiff. The plaintiff alleged that the defendants 2 and 3 had a half-share in the said property, but that, by reason of a private partition, they had taken other lands in exchange for their share in the suit land, that consequently they had no further interest therein, and that they have recognized the claim of the plaintiff to the lands in suit, which had been held by Mt. Malan.

The defendant, Bishen Singh, was in actual posse