The Calcutta Weekly Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday July 10 1922

Soon after the reformed legislature met at Delhi the Bill was introduced into the Council of State and a motion was adopted there for the reference of the Bill to a Joint Committee of the Council of State and of the Legislative Assembly. [...] The Bill was thereafter circulated amongst the Members of the Assembly during the Delhi Session of 1921 and the Bill was re-introduced in the Assembly during the Simla (September) Session of the Legislative Assembly and was referred to a Joint Committee of the Assembly and Council of State by the Assembly. [...] Had not the Secretary of the Legislative Assembly and his staff utlized the time when the Assembly was not in Session in preparing a very useful precis of the volumes of opinion and criticism on the Bill and also in redrafting the clauses to a great extent in pursuance thereof and further had not a spirit of compromise prevailed in the Committee for settling all differences of opnion the [...] The answer should be in the negative because the title lying in the Plaintiff and the burden of proof as to how the Plaintiff lost his title being on the Defendant the party on whom the burden lies fails. [...] Hence the question whether apart from the context and without considering the nature of possession of which the property is capable the presumption of possession is to follow title cannot be satisfactorily answered unless the allegations of the Plaintiff are first made to conform to either the one or the other of the two articles of the Limitation Act Art.