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Judgment
We are unable to agree with the District Judge that the principle in the Calcutta case quoted by him is applicable to the present case.
There the suit was for a large area of land paying rent. Here the suit is for a few square yards of vacant land used as vacant house-site or
backyard in a town. The acts necessary to establish adverse possession in the two cases are very different. The use of the land by the defendant
for the purposes of a backyard would not, under the circumstances, be sufficient to constitute adverse possession, especially when it is
remembered that the parties are brothers, The case reported as Framji Cursetji v. Goculdas Madhowji ILR 16 Bom. 338 is in point. Plaintiff
having the title to the land must he held to have been in possession until first defendant began to build on it in 1894. Plaintiff then immediately
protested and brought this suit in 1895. Plaintiff''s suit is not barred by limitation.
We must reverse the decree of the District Judge and restore that of the District Munsif with costs throughout in favour of plaintiff.