Jenkins, C.J:— In my opinion the point of law formulated is covered by the decision of the Privy Council in Vasndeva v. Maguni, where their Lordships in circumstances undistinguishable in any essential feature from the present held that there was adverse possession with the result that separate property became joint property. The possession of the lands in suit as joint properly was adverse to any claim to them as separate property, for “the Appellants were dispossessed or discontinued their possession of their separate property in favour of the joint estate, so that the case comes within Article 142 in the Second Schedule to the Limitation Act but if that be not so then the possession of the joint family was adverse to the separate estate and thus comes within Article 144.”
It is suggested that it makes a difference that there was an agreement in this case. I fail to see how that distinguishes this case, for the position with which the Privy Council had to deal was equally the result of an arrangement. Nor can it make any distinction in favour of the Plaintiff if there was consent. The mere fact of consent does not prevent possession being adverse. The test is whether the person, who sets up adverse possession, is able to show that he held for himself, and if he did so, the mere fact that there was acquiescence or consent on the part of the other person concerned can, in circumstances like the present, make no difference, Furshottam v. Sagaji.
I therefore answer the question propounded by saying that in the circumstances assumed limitation either by discontinuance of possession by A under Article 142 or by adverse possession of B does arise.
The Appeal must be decided accordingly.
[The Appeal coming on again before their Lordships Holmwood and Chapman, JJ., their Lordships dismissed it with the following observation:
“In accordance with the judgment of the learned Chief Justice this Appeal is dismissed with costs.”]