Short Note : 1. The plaintiff's case was that the suit house-was purchased by Purushottam, father of the plaintiffs, by a registered deed of sale dated 21st February 1933, that the suit house was let out to one Laxmibai, that as Laxmibai was the mistress of Purushottom's uncle, the plaintiffs father as well as the plaintiffs did not recover any rent from her, that Laxmibai died on 6th March 1964 and the defendants had unlawfully taken possession of the suit house. The suit was resisted by the defendants inter alia on the ground that the suit house was constructed by Laxmibai about twenty years ago, that she was occupying the suit house as an owner and that she had sold the suit house to the defendants by a registered deed of sale dated 19th December 1963. Held : Shri Solanki, learned counsel for the appellants, contended that the finding recorded by the lower appellate Court that Laxmibai had acquired title to the suit house by adverse possession was based on surmises and that the lower appellate Court had not discussed any evidence in this behalf. The contention cannot be upheld. The finding arrived at by the lower appellate Court that the suit house was reconstructed by Laxmibai after its destruction by fire is based on the testimony of DW-3 Nenuji. He deposed that the house, which was formerly occupied by Laxmibai, was destroyed on account of fire more than twenty years age and that he had assisted Laxmibai in reconstruction of the new home. Plaintiff Bhalchandra also admitted that he had never demanded any rent from Laxmibai. He also admitted that in the house-tax register of the village Panchayat the suit house was entered in the name of Laxmibai. The finding arrived at by the lower appellate Court that Laxmibai was occupying the suit house as an owner for more than twelve years and that she had perfected her title to the suit house by adverse possession is thus based on the evidence on record. In these circumstances, the lower appellate Court cannot be said to have erred in holding that the plaintiff's suit was liable to be dismissed. Appeal dismissed.