Bose, J—The suit is fcr possession of a site marked E-F in the plan attached to the plaint The parties own adjoining h uses, and the site lies between the two properties. The plaintiffs case is that it belonged to his predecessor Yado Madhoji who sold it to him on April 30, 1933, by the sale deed (Ex. P-7), and that the defendant dispossessed him in May 1933. The defendant's case is that the site belonged to one Kasturchand Marwadi who gifted it to him on April 16, 1920, by a duly registered deen of gift (Ex. D-1).

2. These two instruments of title are not of much assistance in this case, for there is no doubt that they are perfectly valid with respect to the bulk of the properties which they respectively convey. The dispute is about a strip of land only 1 foot wide between them just wide enough for a wall to stand--on and the real question at issue is whether the wall which stood on the major portion of this strip belonged to the one house or the other.

3. The plaintiff's case is that his house, which is to the north of this strip, had its southern wall standing on the greater pare of E-F and that another person who owns a house on the other side of the defendant's property