1. This is a suit in ejectment brought by the Municipal Commissioners for the Town of Madras for the purpose of recovering from the defendant a small piece of ground in Mint Street now covered by the pavement and pial in front of the defendants house. The plaintiffs allege that this piece of ground was originally included in the street which, by successive Acts of the Legislature, has been vested in the Municipal Commissioners for the use of the public. They are unable to state the exact date of the encroachment, but say the same came to their knowledge in February 1893, when the defendant applied for a certificate for the said ground from the Collector of Madras. They allege that the defendant could acquire no statutory title to land which forms part of the public highway, but that even if the Act of Limitation does apply, the suit is not barred.

2. The defendant bought the house in 1861 and it is admitted that the site now covered by the pial and pavement is not included in the measurements given in his title-deeds. It is clear, however, that this pial and pavement were in existence long before the defendants purchase. The City Civil Judge finds that they have been certain