J.G. Chitre, J.

1. The appellants are hereby assailing the correctness, propriety and legality of the decree passed by the Additional Judge to the Court of District Judge, Indore in Regular Civil Appeal No. 75-A of 1987 by which he set aside the decree which was passed by IIIrd Civil Judge Class II, Indore in the matter of Civil Suit No. 69-A of 1974 which was in favour of the appellants.

2. This appeal has been admitted on following substantial questions:

(1) Whether in view of the facts and circumstances of the case the doctrine of tacking is attracted and whether the lower Appellate Court was right in holding that the respondent No. 1 had perfected his title by adverse possession on that account ?

(2) Whether in the facts and circumstances of the case the first Appellate Court was right in law in concluding that the respondent No. 1 had become the legal owner of the suit property by operation of Section 15(1)(d) of the Hindu Succession Act, 1956 on the death of Saibai ?

3. Shri Upadhyaya, learned Counsel for the appellants by making reference to the evidence on record submitted that respondent Laxman has not proved that he became the owner of the suit property by his adverse