AHMAD RAZA KHAN Vs. RAM LAL

JUDGEMENT

(1.) This was a suit for possession by partition of a half share in a small property described as Ihata Nidhan Singh in the city of Koil, and consisting apparently of some waste land and the sites of a few houses.

(2.) The property belonged formerly to two brothers, Nihal Singh and Bhawani Singh. The rights of the former passed to his three grandsons, who in May, 1909, alleging that they were owners of the whole property, sold the whole to the appellant. The appellant admits, however, that by his purchase he acquired only a half share in the property the rights of Bhawani Singh in the other half passed to his son Mathura Prasad, and later in execution of a decree against Mathura Prasad, were sold to two persons who in August, 1909, transferred them to the respondents.

(3.) The appellant s case is that he was in possession of his half share till March, 1911, when the respondents denied his title. The defence was that the appellant or the persons through whom he claims have not been in possession of the share within 12 years, of this suit and that the respondents have been in adverse possession of the same for more than that period.