1. In Sadar Bazar in the City of Indore, there is a Shiv temple bearing house No. 42. On one side of the temple there is a well, a cattle trough and a kachha otla. On the three Bides of the temple and the otla, on the North, South and the East, there is open land. Agrawal Panchas are the Sewaks of the temple and the appellant plaintiff looks after the management of the temple on behalf of the Panchas. Some time in the year 1946, he started setting up a wire enclosure, thereby appropriating a part of the open land to the temple. The Municipal Commissioner claimed the open Government land to be vested in him under S. 36, Indore Municipal Act, and called upon the plaintiff - Appellant to remove the wire fencing. On 19-10-1946, the appellant instituted a suit in the Court of the Munsif, Indore City, against the Munioipal Commissioner for a declaration that the land enclosed was the property of the temple and for an injunction restraining the defendant from interfering with the work of erecting the enclosure.

2. The learned Munsif found that the land had been proved to been the possession of the plaintiff for about 25 years and under S. 110, Evidence Act he should be presumed t