S.P. Khare, J.

1. This is plaintiffs' second appeal under Section 100, C.P.C.. The following substantial question of law was formulated at the time of admission of this appeal by order dated 13-11-1991 :--

"Whether in view of the finding that the land on which the disputed house is situate belongs to the appellant, Courts below were justified in rejecting his claim for possession."

2. Amal Sai was the original plaintiff. Defendant Jagatram is his brother. Amal Sai had purchased land-- Khasra No. 513 area 1.323 Hectares of village Beldagi, Tehsil Ambikapur, District Sarguja by registered sale-deed dated 3-5-1962. There is a concurrent finding of fact of the trial Court and the first appellate Court that the house in dispute was constructed by defendant Jagatram on a small portion of the land with the consent of his brother Amal Sai. It has also been held that the defendant is in possession of that house since the year 1964. The suit for possession was filed by the plaintiff in the year 1980. It has been held that the defendant has acquired title to the land on which he has built the house by adverse possession for more than twelve years. The plaintiffs' suit for possession was