( 1. ) THE dispute in this appeal relates to land Khasra No. 479/2, area 2. 13 situated in village Amarkot, tahsil Mahasamund, district Raipur. It is common ground that this land originally belonged to Moharsai. It is also not in dispute that on 25th June 1946 Moharsai executed a will by which he bequeathed all his movable and immovable property in favour of his daughter rambati. It is further not in dispute that Moharsai died leaving two heirs, namely, his widow Bundkuwar and daughter Rambati. After the death of moharsai, dispute arose between Bundkuwar and Rambati about possession of the said land which gave rise to proceedings under section 145 of the Code of criminal Procedure. By an order, dated 19th June 1967, the Sub-Divisional magistrate, Mahasamund, decided section 145 proceedings in favour of Rambati and confirmed her possession. The suit giving rise to this appeal was (hen instituted by Bundkuwar on 5th July 196? for joint possession of half share in the land. Rambati and her husband Vedram were joined as defendants in the suit. The defendants relied upon the will left by Moharsai and also on adverse possession.

( 2. ) THE trial Court as also the first appellate