( 1 ) THIS is an appeal under the Letters Patent of this Court from the judgment and decree of a learned Single Judge in a second appeal arising out of a suit for a declaration that the plaintiff, Yasin Mohammad, has perfected his title by adverse possession.

( 2 ) THE facts, in short, are that the lands in dispute comprising 39. 31 acres in village Sivania, Tahsil Sehore, originally belonged to Nannu and Atmaram. These lands were sold in auction for recovery of arrears of land revenue. On May 11, 1944, Ahsan Beg purchased those lands in the auction sale. The plaintiff resisted delivery of possession on the ground that on April 25, 1943, he had purchased the suit lands from Nannu and Atmaram, through their guardian.

( 3 ) THERE were proceedings under Section 145, Code of Criminal Procedure, Which ended in favour of Ahsan Beg. Even then he could not get possession as a matter of fact.

( 4 ) ON March 5, 1946, a suit was instituted by Yasin Mohammad for cancellation of the revenue sale. That was Civil Suit No. 17 of 1949. That suit was, however, dismissed on March 31, 1949, on the ground that the sale in his favour was after attachment of the lands. On May 17, 1952 the