( 1 ) THE following questions of law are referred by a Bench consisting of the learned Chief Justice and Hombe Gowda, J. , to the Full Bench for decision as per Order dated 12-12-1960:

1. Is the person who files a suit for possession entitled to succeed unless he shows, in addition to title, that he has been in possession of the property within 12 years of the suit?

2. Whether a case, in which it is proved that the plaintiff or his predecessor has not been in possession at all, is governed by Article 142 or Article 144 of the Limitation. Act (to be referred to as the "act" hereinafter)? and

3. When a plaintiff seeks to eject persons from immovable property claimed by him on the ground that although they entered into such property as tenants, were in wrongful possession thereof but fails to prove that the defendants had entered into the property in such permissive character, is he bound to show that he or some of the persons under whom he claims have been in possession of the property within 12 years before suit? These questions are closely interconnected; in fad they are several facets of one question. The questions as referred are abstract questions of law. To decid