GANAPATI AMBADAS Vs. RAGHUNATH ANANT

JUDGEMENT

(1.) The main question in the appeal to the District Court was, as is stated by the District Judge, whether the defendant has been in possession, and, if so, how long, and whether adversely, of the land claimed by the plaintiff in this suit.

(2.) The question whether possession is adverse or not is sometimes one of simple fact, but it may be a question of law or a mixed question: see Lachmeshwar Sing V/s. Manowar Hossein 19 C. 253 at p. 262; 19 I.A. 48.

(3.) In deciding the question the District Judge appears to have based his conclusion upon two circumstances. First, he says that in 1880 there was a starting point of adverse possession, because the defendant's father pulled down the plaintiff's house and expelled him; and, secondly, he says, that at the time of his view of the site, towards the end of 1907, the land in dispute was enclosed so as to form part and parcel of the defendant's premises and is actually part of the plinth of his house.