SOPANRAO Vs. SYED MEHMOOD

JUDGEMENT

(1.) A suit was filed by Respondent Nos. 1 to 4 herein before the trial court against the present appellants and others in which the main prayers were as follows:

(2.) The present appellants and others contested the suit. According to the plaintiffs, the possession of the land in question was illegally given to Namdeo Deosthan Trust (for short 'the Trust') on 19.08.1978 by the Government and it was prayed that the possession of this land be restored to the plaintiffs. The defendants contested the suit on various grounds. One of the main grounds raised was that the suit was not filed within the period of limitation. It was also contended that the suit was bad for nonjoinder of necessary parties and it was contended that the suit land belonged to the Trust since time immemorial and the suit be dismissed. The trial court vide judgment dated 14.10.1992 dismissed the suit of the plaintiffs and held that the suit was not filed within the period of limitation. It also held that the suit is bad for nonjoinder of parties. Lastly, the trial court held that the plaintiffs had failed to prove that the suit land was Inam land or the plaintiffs are Inamdars.

(3.) Aggrieved, the plaintiffs filed an appeal in the Court of District Judge, Latur. The District Judge vide judgment dated 26.11.1997 reversed the judgment and decree of the trial court and came to the conclusion that the land originally belonged to Dargah Niyamatullah Shah Quadri (for short 'the Dargah') and the plaintiffs and Defendant No. 12 were the Inamdars of the suit land. It further held that the Government had wrongly given the possession of the suit property. It was also held that all necessary parties had been joined in the suit. Finally, the first appellate court held that the plaintiffs were entitled to a decree for possession of the suit land and accordingly allowed the appeal and decreed the suit in favour of the plaintiffs and Defendant No. 12 and against Defendant Nos. 1 to 11 and 15.