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1928 Supreme(SC) 24

(Maharajah Bahadur) Kesho Prosad Singh – Appellant
Versus
Madho Prosad Singh and others – Respondent


Advocates Appeared:
Douglas Grant and Dold, Watkins and Hunter, M. Prasad, T.C.K. Kurup, G. Brown, W.H. Upjohn, E.B. Rakes, L.De Gruyther

Lord Shaw. -

These are consolidated appeals against decrees of the High Court of Judicature at Patna. They refer to the right of property in two villages, Majhwari and Bhatauli.

With regard to the possession of those villages, it cannot be controverted, and it has been admitted at the Bar, that both villages have been possessed by the respondents for a long period of time (which may be said to have begun in 1887) until the present day. Any challenge of their title to hold these properties would be excluded by the Limitation Act, it being perfectly clear that their possession far exceeded the period of limitation of 12 years which would affect this case.

Their Lordships think it unnecessary to go into the details of the possession of either party. They are satisfied, however, that the grounds taken by the Subordinate Judge are the true grounds upon which this case should be decided. They do not feel, as at present advised, concerned with the question, somewhat anxiously discussed, of merger by the High Court. They think these things are irrelevant to the true issue, which is one of adverse possession or no adverse possession.

Upon that subject a convenient date is the date 1887. It tur


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