M.R.SHARMA, J.

1. One Surta was the original owner of the land which was being cultivated by Gajpat Singh as a tenant up to 1938. From 1950 onwards the revenue entries show that he was cultivating this land on payment of no rent and regarded himself as owner. On 11th Oct. 1966. Surta made a gift of this land and some other property in favour of Sudhan, Gajpat Singh filed a suit for declaration that he was the owner of this property either by purchase or by adverse possession and so Surta could not have made a valid gift. This suit was dismissed as having abated on Feb. 27, 1969, and this dismissal of the suit was affirmed in appeal.

2. On June 5. 1970, the present suit for possession of land was instituted by Sudhan. It was resisted by Gajpat Singh inter alia, on the ground that he had become the owner of the property by adverse possession.

On the pleas raised by the parties, the learned trial Court framed the following issues : - 1. Whether the plaintiff is owner of suit land?

2. Whether the defendant has become owner of suit land by purchase from Surta and by being in adverse possession of the suit land above twelve years?

3. Whether the defendant is estopped from raising