(1.) All these three appeals may be disposed off by the common judgment as they arise out of the common judgment delivered by 6th Additional District & Assistant Sessions Judge, Nashik in a group of five appeal against the decree for recovery of possession passed by the Civil Judge Junior Division, Pimpalgaon Baswant in a group of five suits.
(2.) To state in brief, these appeals are filed by the original plaintiffs, who had filed five regular civil suits being civil suit nos.149, 150, 151, 152 and 153 of 1978 for possession of suit sites, which are parts of survey no.437/A situated at Kasbe-Pimpalgaon Baswant in Taluka: Niphad, District: Nashik. The representative Suits were filed by the present appellants for and on behalf of Gosavi community of Pimpalgaon Baswant. According to them, there is a Devsthan, Math and Samadhi of Gosavi Community of Pimpalgaon Baswant on the land survey no.437/A. Survey no.437/A-1 is a part of same survey no.437A. Devsthan, Math and Samadhi are commonly known as Shri Martand Dev Sansathan . It was contended that this property belongs to the said Sansathan and Gosavi community since ancient times. The Government had denied the title of Gosavi Community over the said property and, therefore, for a long time litigation was going on between the Government and Gosavi community. Finally in 1976, it was held by the Bombay High Court that the said property belongs to the Gosavi community of Pimpalgaon Baswant. It was contended that there was no inhabitation near the temple, math and samadhi and, therefore, in order to guard and take care of the said property, one Mhasu Bhoir was allowed to raise a hut admeasuring 10 X 10 ft. at the North-West corner of the Survey No.437/1. That property is marked as city survey no.297 and Mhasu used to reside in that hut alongwith his family members. The said hut is presently in occupation of Hari son of Mhasu. Hari Mhasu also encroached upon a piece of land admeasuring 6 X 6 . Therefore, he was asked to remove the hut and hand over possession of suit site to the Gosavi community but he declined. Hence, regular civil suit no.149 of 1978 was filed against him. It is contended that recently some new huts were constructed. In 1969 the Government had demolished the unauthorised huts. However, later on again some huts were constructed. Vasant Hari Bhoir, (defendant in Regular Civil Suit No.150 of 1978) raised hut in city survey no.292. Babu Bhima Bhoi (defendant in regular civil suit no.151 of 1978) is in possession of the hut marked as City Survey No.296. The hut of Pundlik Bhima Nehare, (defendant in regular civil suit no.152 of 1978) bears city survey no.293 and the hut of Dattu Narayan and Chinchdu Narayan Bhoi (defendant in regular civil suit no.153 of 1978) bears city survey no.294. According to the plaintiffs, all these defendants were in unauthorised occupation of the land belonging to the plaintiffs and, therefore, plaintiffs had filed suits for removal of the huts and for vacant possession of the said land. At the outset, it may be stated that even though in the plaints, the said huts are said to be marked with city survey numbers but later on , it was revealed that these are actually Chalta numbers of city survey record.
(3.) Defendants contested suits by filing the written statements in the respective suits. In regular civil suit no.149 of 1978, Hari Mhasu Bhoi denied that his father was allowed to construct a hut to guard the property of the Sansthan temple, math and that he was a licensee in respect of said hut. According to him, there was a thick locality near the suit property since long and since formation of the Gram Panchayat, the said hut is recorded as a property of Mhasu Genda Bhoi as Karta of the joint family and after his death, respective hut came in his possession. All the defendants claimed to be owners of the property for a long time and in alternative, they contended that they are in use and occupation of their huts on the suit land for more than 12 years and thus, they have perfected their title by adverse possession.