JUDGMENT Kaul, J. - This is a plaintiffs' second appeal in a, suit for possession of two strips of land five feet wide on either side of Victoria Street (a. highway in the city of Lucknow) between two points known as Thana Jagannath Singh and Bazar Khala. 2. The material facts are as follows : The suit which has given rise to this appeal was brought by the present appellants in the Court of Munsif North, Lucknow, on the allegation that they were the proprietors of Chak Bhidewan through which passes a highway known as Victoria Street. Chak Bhadewan is now part of Lucknow city. The Chak was granted in 1893 by the Government under a sanad to the plaintiffs ancestor Madho Singh.' The appellants averred that they were the owners of all the land comprised in the Chak except What (was covered by the highway, which was vested in the Lucknow Municipal' Board. They complained that the defendant Board had taken wrongful possession of a strip of land five feet wide on either side of the said highway between the points Thana Jagannath Singh and Bazar Khala. According to the plaint allegations the width of the high way was only 36 feet. To specify the land in dispute a sketch map was attached to the plaint whereon the disputed land was indicated with rod lines. The defendant Board pleaded that Victoria Street was 150 feet Wide and the and in dispute formed part thereof. It was further averred that the Board had been in possession of the disputed land for much more than 12 years. 3. The trial Court on an examination of the evidence found against the plaintiffs both on the question of title as well as possession and dismissed the suit. An appeal preferred against this decision was unsuccessful. Hence this social appeal. 4. The same points which were urged before the Court below were reiterated before me and it was contended that both the trial Court and the Court of first appeal had approached the matter rom a wrong point of view. The main question for consideration is simple, whether the land specified with red lines in (he map attached to the plaint formed part of Victoria Street or not. The origin of Victoria Street is a matter of history of Lucknow city. Ex. The main question for consideration is simple, whether the land specified with red lines in (he map attached to the plaint formed part of Victoria Street or not. The origin of Victoria Street is a matter of history of Lucknow city. Ex. A10 is an extract from the Oudh Blue Book General Report, Chapter XV, page 54. In paragraph 401 of the General Report on the Administration of Province of Oudh, dated the 22nd of April, 1851), submitted by the Chief Commissioner after the Mutiny of 1857, there are found the following observations under the heading roads: 461. It was manifestly of the utmost consequence that our communications with Cawnpore and the few stations that we were enabled to establish in the district, should be rendered as easy and complete as possible) and that free means of inter-communication for our troops should be established in the city of Lucknow. Every effort, therefore has been made to repair all the old useful roads, and to open out new ones in the city wherever required. 462. The new city roads, which deserve special notice, are the three military lines, each 150 feet broad, which have been pierced through the city, all radiating from the south front of the, Stone Bridge post, from whence they are open to strong artillery fire. These with the old Cawnpore road divide the city into five distinct sections rendering each thoroughly accessible, and form four"clear lines of communication right through the city, between the forts and the open country to the south of the city; the directions of these lines are, From Fort to Charbagh Bridge length 2 1/4 miles. From Fort to Tal Katora length 2 1/2 do. From Fort to Moosa Bagh length 3 do. 463. The first two roads have all their bridges completed, and a track 40 feet wide throughout has been cleared and opened for traffic the greater portions of both roads have also been cleared to the full width of 150 feet. The demolitions of the Moosah Bagh road have been completed but nothing has as yet been done towards the levelling of the track. 5. It is admitted that Victoria Street is the second of these roads, namely that running from the Fort to Tal Katora. The demolitions of the Moosah Bagh road have been completed but nothing has as yet been done towards the levelling of the track. 5. It is admitted that Victoria Street is the second of these roads, namely that running from the Fort to Tal Katora. Turning to the annual Report of the Administration of the Province of Oudh for the year 1859-60 submitted to the Governor-General of India (See Oudh papers, Vol. 8, 1859-65, page 125, we find the following observations under the heading ''Part I. Communications''. The Lucknow and Cawnpore road, 48 miles in length, has received very extensive repairs, and has been kept in excellent order. Two of the roads radiating from the stone bridge fort, and aggregating 41/2 miles in length, which have been pierced through the city of Lucknow, have been cleared and levelled from a width of 40 feet to the full width of 150 feet, and a coat of metal has been given to them. The remaining imperial lines of road passing through, or in the immediate neighbourhood of the city, aggregating nine miles in/length, have also been kept in good repair. 6. It will thus be seen that this highway (Victoria Street) was a road constructed for military purposes after the Mutiny. It was 150 feet wide. The grant of Chak Bhadewan to the appellants ancestor, Madho Singh, through which a portion of this highway passes, was made in 1893, long after the road was constructed. Long before this grant was m de to Madho Singh u/s 38 of Act XV of 1873 and all the highways in the city of Lucknow became vested in the defendant Board. Thus it is clear that what was granted to Madho Singh by the sanad, on which reliance has been placed, was land other than that which formed the highway. Reliance was, however, placed on. behalf of the plaintiffs upon the entries in the settlement papers. Since 1857 there have been three settlements. According to the entries in the papers relating to the first two of these settlements, Victoria Street was only 49 feet wide, and according to the third settlement, which took place in the year 1925-26, the width of the street between Thana Jagannath Singh and Bazar Khala was 71 feet. Since 1857 there have been three settlements. According to the entries in the papers relating to the first two of these settlements, Victoria Street was only 49 feet wide, and according to the third settlement, which took place in the year 1925-26, the width of the street between Thana Jagannath Singh and Bazar Khala was 71 feet. It was argued on behalf of the appellant that the entries in the papers of the last settlement were wrong and were not binding upon them. Knowing as we do that the road was 150 feet wide when first constructed, it was for the appellants to show that its limits were narrowed to 49 feet or 50 feet only, at the time Chak Bhadewan was granted to their ancestor. There is nothing beyond the entries in the Khasras relating to the two settlements in support of this contention which are negatived by -the entries in the recent settlement khasra. It was held in Indrapati Tewari v. Nur Mohammad Khan (1927) 11 RD 510 and Hardwar Pandey v. Jaswanti Kunwar (1925) 9 R D 246, that the burden of proving that the entries in the existing settlement khasra were wrong lies on the party who disputes their correctness. We know definitely that the road when originally constructed was 150 feet wide. It was constructed for military purposes. That there have been considerable encroachments on the road is clear from a map prepared by the Commissioner appointed by the trial Court, and his report which formed part of the record. This does not, however, lead to the conclusion that the original highway ceased to retain its character as such even in places other than those encroached upon, nor is there any reason to accept the appellants' suggestion merely on the basis of khasra entries, which are not uniform, that the greater part of Victoria Street, which was 160 feet wide, was, without any intimation to the Municipal Board, in whom it was vested u/s 38 of Act XV of 1873, granted to Madho Singh under the sanad relied upon by the appellants. 7. As regards possession the question is concluded by the concurrent findings of both Courts which is against the appellants' contention. Learned Counsel for the appellants has relied on the statement of law relating to highways as found in Paragraphs 290 and 291 of Halsbury's Laws of England, Second Edition, Vol. 7. As regards possession the question is concluded by the concurrent findings of both Courts which is against the appellants' contention. Learned Counsel for the appellants has relied on the statement of law relating to highways as found in Paragraphs 290 and 291 of Halsbury's Laws of England, Second Edition, Vol. 16, page 241. The presumptions to which reference is made in Paragraphs 290 and 291 arise only in respect of highways dedicated by the owner of the soil to public use, but where a highway owes its origin to some statute or statutory award, the ownership of the soil will in general depend upon the terms thereof (See Paragraph 295 of the same work). It is a question for the Court whether the scheme and framework of the Act made it reason- ably necessary for those in whom the highway so vested to acquire more than a mere easement. 8. It is not proper to make the same presumptions with regard to a road constructed specially for military purposes and subsequently veked in a Municipal Board as arise in respect of highways dedicated to the use of the public by the owner of the soil. The exigencies of the purpose for which a road originally constructed for military needs as the three roads to which reference was made in Ex. A10 were, may conceivably make the use of the sub-soil also necessary, and therefore it would be wrong to treat it in the same way as other highways for the sake of making usual legal presumption. I agree with the view taken by the Courts below that the plaintiffs appellants have failed to prove their title to the land in dispute. The contention of the appellants' Counsel that they being the owners of Chak Bhadewan under the sanad granted to Madho Singh should be presumed to be the owners of the land in dispute unless the contrary was shown cannot be accepted. In the present case we have definite evidence that part of Chak Bhadewan, which constituted the (highway known as Victoria Street, had already become vested in the respondent, the Municipal Board, long before the grant was made to the appellants' ancestor. In the present case we have definite evidence that part of Chak Bhadewan, which constituted the (highway known as Victoria Street, had already become vested in the respondent, the Municipal Board, long before the grant was made to the appellants' ancestor. It was therefore for the appellants to prove that the land in dispute, which admittedly at one time formed part of Victoria Street, ceased to retain its character as a highway before chak Bhadewan was granted to Madho Singh. As the entries in the settlement khasras are not uniform, I am unable to hold that Victoria Street had in 1893 shrunk to one-third of its original dimensions and retained a width of only, 49 feet instead of the original 160 feet. The appeal fails and is dismissed with costs.