1. This appeal is against the judgment of bur learned brother, Wallace, J., allowing Second Appeal No. 834 of 1921. The only point in this appeal is whether Section 116 of the Indian Evidence Act is a bar to the plaintiffs suit. It is found that the defendants were let into possession of the plaint property 40 years before the suit by the plaintiffs paternal grandfather. The plaintiff brought the suit for ejecting the defendants from the possession of the plaint property. The District Munsif of Shiyali dismissed the suit as being barred by limitation.

2. On appeal the Additional Subordinate Judge of Tanjore at Mayavaram set aside the decree of the District Munsif and gave a decree to the plaintiff for possession of the property and directed him to pay Rs. 400 as compensation being the value of the house on the suit property. Wallace, J. set aside the decree of the Subordinate Judge and restored that of the District Munsif. The plaintiff has preferred this appeal.

3. Mr. Muthiah Mudaliar for the appellant contends that the defendants were not entitled to set up the title of the Government in answer to the plaintiffs suit. His argument is that the plaint land is a portion of Su