(1.) This is a suit for declaration, injunction, possession and damages in respect of the lands situated at village Mulund (E), Tal.Kurla, Mumbai Suburban, District -Mumbai bearing CTS No. 98, 62, 63 and 64 corresponding survey Nos. 29, 30, 31 and 32 more particularly described in the Schedule (Exhibit A) appended to the Plaint ('the suit lands').
(2.) The Plaintiffs claim to be the legal representatives of one Kamlakar @ Kamlya Deo Patil. The basic premise of the claim is that the suit lands were acquired by one Waman Dharma Vaity, Barik Posha Bhoir and Posha Bama Bhoir in the year 1929. The said Vaity and Bhoirs had let the suit premises for farming and fishing purpose to the Kamlya Deo Patil, Ganpat Bama Patil and Hari Barik Patil. They were in possession and cultivation of the suit lands.
(3.) The material averments in the Plaint can be stated in brief as under: