Ramaswami, J.

1. This appeal involves the important question whether the Subordinate Judge was right to hold that the suit was barred under Article 142, Limitation Act.

2. The dispute relates to 14.68 acres of bakasht land in village Chak Dharampur. The Mouza belonged to Ramadhin Singh and Shyamadhin Singh who on 1st August 1917 executed a gale dead in favour of Safdar Ali who in his turn made a registered wakf deed appointing the plaintiff as mutawalli. The plaintiff brought the suit alleging that in the year 1912 Ramadhin Singh and Shayamadhin Singh had in execution of rent decrees purchased the land and obtained dakhaldehani thereof; that in the survey proceeding the land was recorded as bakhashi; that Safdar Ali continued to be in khas possession after his purchase; that in the year 1937 the defendants set up a false claim to the land on account of the Kisan movement. A proceeding under Sec.145 was instituted in the Court of the Sub divisional Magistrate who by his order dated 7th June 1939 held that the defendants were in possession of the land. The plaintiff, therefore, brought the suit for a declaration that the land was bakasht and for recovery of possession by evic