This is the defendants second appeal arising out of a suit for possession of certain land measuring 14 Kanals and 10 Marias now included in Khasra Nos. 266/118 and 267/118.

The plaintiffs case is that they are the proprietors of the land, that the defendants were in permissive possession and have now started to claim adverse possession. The defendants relied upon a document dated 5th Chet 1973 for the contention that the land was sold to them out and out in that year and that their possession was not permissive. It was also pleaded that in the event of the sale deed being found to be invalid they were in adverse possession of the property and have acquired prescriptive title to it. Rupees five hundred were claimed as compensation for improvements effected by them on the land in the event of dispossession.

The trial Court held that the defendants were in adverse possession and dismissed the plaintiffs suit. The lower appellate Court upset that finding on the ground that the document dated 5th Chet 1973 was in fact an agreement to sell and not a saledeed arid that the defendants possession was permissive. It was also held that in the year 1973 when the transaction took place it was inc

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