1. An interesting question on the rights and liabilities of lessor and lessee under Section 108 of the Transfer of Property Act, 1882 arises for consideration in the civil revision petition.

2. Under Section 108(d) it is stated that, "If during the continuance of the lease any accession is made to the property,such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease."

The question is: if the lessee encroaches upon adjoining land and enjoys such encroached portion, whether he must surrender such land to the lessor at the expiry of the term, irrespective of the land being waste land or land in the use of another.

3. In Mohd. Ahmed Amoliva v. Nirmal Chand Rai, AIR 1978 Calcutta 312 it has been held that,

"when a tenant encroaches on the land outside his tenancy, but belonging to his landlord, he cannot acquire absolute title thereto by adverse possession, but obtain only that right of tenancy under his landlord."

4. In Chapsibhai Dhanjibhai v. Purushottam, AIR 1971 SC 1878 : 1971(2) SCC 205 : 1971(1) SCR 761 it has been held by the Supreme Court that,

"under Section 108(d) of the Transfer of Propert