Raj Kishore Prasad, J.

1. This Letters Patent Appeal arises on a certificate granted by Misra J., against his judgment dated the 21st April 1954, in Second Appeal No. 1928 of 1949, affirming the judgment and decree of the first court of appeal allowing the plaintiff-appellant compensation amounting to Rs. 700.00 in lieu of the encroachment made on his land by the defendants-respondents.

2. The only question, which has been argued by Mr. Lal Narayan Sinha, Government Advocate, appearing for the plaintiff appellant is that on the finding of the court of appeal below that:

"Both the parties were labouring under some sort of mistake about their respective rights in regard to the encroached portion of the land. Somehow, a boundary dispute cropped up long after the appellants (that is, the defendants) construction which progressed for several months without any protest, and then it was found out that there had been an encroachment."

no question of acquiescence or waiver in law can possibly arise, and, as such, the finding on the question of acquiescence is erroneous in law; rather, it is negatived by the above finding of the court of appeal below itself. As a corollary to his con