HASIM ALI Vs. ABJAL KHAN

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent from the judgment of Mr. Justice Walmsley in a suit for confirmation or recovery of possession of a tank on establishment of exclusive title thereto.

(2.) The plaintiffs set up a three-fold title, namely, title by inheritance, title by purchase and title by adverse possession. The Court of first instance held that title was established not in respect of the entire tank but with regard to a share in it; and unable to determine the precise extent of that share, the Court gave the plaintiffs a joint decree along with the seventeenth defendant. On appeal the Subordinate Judge reversed this decision and dismissed the suit. That decree has been affirmed by Mr. Justice Walmsley.

(3.) The appeal raises three points for consideration, namely, first, whether reliance should have been placed upon the proceedings in a case under Section 145, Criminal Procedure Code; secondly whether the alleged title by adverse possession had been established; and thirdly, whether the plaintiffs were entitled to a declaration of title to an unascertained share.