Goutam Bhaduri, J.

1. The appeal is against the order of first appellate court in Civil Appeal No. 17-A/2002 delivered on 31/07/2002 whereby the judgment and decree of the trial court in Civil Suit No. 22-A/99 passed on 14/01/2000 was reversed. This second appeal was admitted on the following substantial question of law:-

"Whether finding of the lower appellate Court relating to limitation and adverse possession is perverse?"

2. The appeal is against the order of first appellate court in Civil Appeal No. 17-A/2002 delivered on 31/07/2002 whereby the judgment and decree of the trial court in Civil Suit No. 22-A/99 passed on 14/01/2000 was reversed.

3. The appeal is preferred by the legal heirs of Nashima Bibi. Brief facts of the case are that the suit was filed by Nashima Bibi, w/o. Ibrahim Khan against his brothers Abdul Rahman and Abdul Majid. This is not in dispute that suit for partition and separate possession was filed by Nashima Bibi against his brothers in respect of property belonging to one Sheikh Iltaf Hussain who died in the year 1948. Suit was filed by Nashima Bibi on 21/06/99 wherein she claimed partition of the property shown in the schedule-A of the plaint. It was s