DHARMA NAND Vs. KHEMA

JUDGEMENT

(1.) In our opinion the suit is governed by Art. 124 of the second schedule of the Limitation Act of 1877, and by no other article. This has not been disputed in the course of the arguments.

(2.) We have pointed out that the findings of the Court of adverse possession was a legitimate inference from the evidence. In our judgment it, therefore, follows that the suit was barred by limitation on the findings arrived at by the Court of first appeal.

(3.) Under the circumstances of the present case, and for the reasons we have already given, the Commissioner, as a Court of second appeal, was not competent to go behind the findings of the Court of first appeal.