JUDGMENT

1. The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellant/defendant No.5 is as under:

''Whether the Court below has erred in holding that respondent No.1 has perfected her title by way of adverse possession ?''

[For the sake of convenience, parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court].

2. The suit property was originally ancestral property in the hands of Rupsai. The plaintiff is one of the daughter of Rupsai, who filed a suit for declaration of title, ownership on the basis of adverse possession and permanent injunction stating interalia that she was gharjiha daughter of Rupsai and for her livelihood the suit land was given to her 3035 years prior to filing of the suit and as such, she has perfected her title by way of adverse possession. In that suit, the plaintiff has impleaded Rupsai, her father as party defendant, but during pendency of the suit, he died and his legal representatives i.e. widow, sons and daughters were brought on record.

3. The defendants filed their written statement and denied the averments made in the plaint stat