Abhay M. Naik, J.

1. The appeal was admitted on 8-10-2003 on the following substantial question of law :-

Whether the reasoning given by the lower Appellate Court is hypothetical as the plaintiff himself has not based the case on adverse possession?

2. On perusal of the plaint, it is seen that the plaintiff/respondent pleaded that the suit land, bearing survey No. 1709, in area 1.84 acres, situated at village Bagauta (Narsinghgarhpurva), District Chhatarpur was owned by Mahadeo Prasad father of the plaintiff in his 'Bhumiswami' rights. It was entered in the revenue records in the name of Mahadeo Prasad as 'Bumiswami'. 0.53 decimal of land out of the aforesaid was sold by Mahadeo Prasad to one Chhedilal Gupta on 18-5-1945. The remaining land, in area 1.31 acres continued in the possession of Mahadeo Prasad during his life time. The subject-matter of the suit giving rise to the present appeal is described as suit land hereinafter. The suit land devolved upon the plaintiff/respondent after the death of Mahadeo Prasad, being his son. It is further pleaded in the plaint that the plaintiff/respondent has been continuously in possession of the suit land from the lifetime of his fath