Venkatasubba Rao, J.

1. This is a Letters Patent Appeal from the judgment of Mr. Justice King, in a second appeal reversing the decision of the lower Appellate Court. The learned Judge has found that the mosque, the defendant in the suit, has established its title by adverse possession. The question to decide is whether that view is right.

2. The suit relates to a vacant site adjacent to the house of the plaintiff, who bases his title to it, upon a sale deed of 1899 executed by one Ambu Sarang Saheb. There was some difficulty in obtaining possession and a suit was filed and a decree was obtained against the vendor in 1900. Whether the decree has been executed or not is a matter in debate, but in our opinion nothing turns upon it. The claim has been resisted by certain persons on behalf of the mosque and the points to decide are, whether the plaintiff has been in possession within 12 years of the action and whether the mosque obtained title by adverse possession.

3. On both these points it seems to us that the plaintiff is bound to succeed. First turning to the question of adverse possession, the acts relied upon are these: that an Arabic school was being conducted in a shed co