K.M. Agarwal, J.

1. This second appeal by the plaintiff is directed against the reversing judgment and decree of the lower appellate Court. It was admitted for hearing on 29-9-1977 on the questions raised in paragraph 7 of the memo of appeal. The following questions of law were proposed in paragraph 7 of the memo of second appeal : -

"(i) Whether in absence of plea and proof of the essential ingredients (Nec vi, Nec clam, Nec Precario) of adverse possession the suit can be held to be time barred?

"(ii) Whether the character of the possession prior to 8-11-1960 or 11-9-1962 being on the Defendant's own showing as that of agent or of a person claiming subordinate title, can be considered to be adverse in character and the suit can be held to be time barred?

"(iii) Whether the construction put on Exs.P.7 and P.22 is erroneous and has resulted in failure of justice?"

On 3-9-1991, LA. No. 6638/91 was filed on behalf of the appellant for permission to urge the following additional question of law at the time of hearing of appeal:

"Whether on facts and circumstances, the right of a Bhumiswami accrues upon the defendants by operation of Section 190 of M.P. Land Revenue Code, 1959 ?"

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