(1.) By invoking the jurisdiction of this Court under section 100 of the Code of Civil Procedure, the unsuccessful plaintiffs takes an exception to the judgment dated 5-8-1987 and decree passed by the learned district Judge, Wardha, in Regular Civil Appeal No. 79 of 1984 whereby the appeal has been dismissed and the judgment and decree passed by the trial Court on 31-3-1984 in Regular Civil Suit No. 48 of 1973 was confirmed by which the suit instituted by the plaintiffs for possession and damages has been dismissed.
(2.) Brief facts are required to be stated as under :"agricultural land bearing Survey No. 105/3-K, area 4.15 acres, situated at mouza Ashti, district Wardha was previously owned by Ashti Ginning Factory. This land was shown in green boundaries in the plaint map. The said Ginning factory carried its business till the year 1912. Thereafter it went into liquidation as per the order of the District Judge, Wardha and the above land along with the buildings and machineries were auctioned on 2-11-1913. Shrimant Bhagwant atmaram Dhongadi, the father of plaintiffs No. 1 and 2 and husband of plaintiff mo. 3 purchased the said land in auction for Rs. 8.450/ -. Narayan Ramsa Dhole, pleader at Arvi, was appointed as Liquidator and he executed the sale-deed in favour of Bhagwant Dhongadi. He delivered possession of the land and buildings with the machineries etc. to the purchaser who continued to remain in possession till his death. Bhagwantrao died in the year 1960 and thereafter it is contended that the plaintiffs have inherited the said property and came in exclusive possession of the said land. Further the mutation entries were also recorded. In 1951-52 the land comprised in Kh. No. 105/3ka was entered as Nazul land thereby meaning that the land had vested in the State Government. It is contended by the plaintiffs that the said entry was recorded without hearing bhagwantrao and, therefore, the subsequent entries recorded in Nistar Patrak and record of rights prepared in the year 1958-59 is bad in law. Therefore, the plaintiffs made an application to the Tahsildar Arvi for correction of the entries and recording them as owners of the land who submitted his report to the Sub divisional Officer, Arvi. The Sub Divisional Officer on 16-10-1961 passed an order that the revenue record be corrected by showing the plaintiffs as owners of the aforesaid land. The said order was the subject-matter of Revision before the collector who by his order dated 27-6-1962 held that the names of the plaintiffs be shown in the Nistar Patrak who would be entitled for settlement under section 5 (a) of the M. P. Abolition of Proprietary Rights (Estates, Mahals, Alienate lands) Act, 1950 (for short the Act). "
(3.) The defendant had unauthorizedly constructed Ashti-Durgwada Road through the said suit land and also constructed one Rest House and Building for the office use on that land and made encroachments. Ultimately, notice under section 80 of the Code of Civil Procedure was served claiming possession of the ite under encroachment, but in vain. Therefore, the plaintiffs were constrained to file suit for possession of the dispute site.