(1.) The plaintiffs in this case sued (Civil Suit No. 87 of 1935) to recover possession of the suit lands situated in Mouje Jabapur, their respective Revision Survey Nos. being 58, 5911 5912 and 59-A. The plaintiffs allege that these lands are all pargana watan lands and were owned by Gundo, the adoptive father of plaintiff No. 1. Gundo had mortgaged the lands in suit to Ningappa the ancestor of the contesting defendants, appellants before us, in the year 1873. Gundo died in 1880; his widow Tungawa borrowed some more money from the said Ningappa and passed a document in his favour in 1886. The plaintiffs allege that by this document Tungawa, the adoptive mother of plaintiff No. 1, sought to create rights of permanent tenancy in favour of Ningappa and their case was that this document was the result of undue influence practised on her. Plaintiff No. 1 was adopted by Tungawa in 1922 and the present suit has been filed within twelve years from the date of his adoption.
(2.) Shortly stated the case for the plaintiffs is that the document executed by Tungawa is not binding on them and that the defendants who claim to be permanent tenants of the lands are trespassers or, at best, annual tenants. On that footing the plaintiffs claim possession of the suit lands and past mesne profits for three years. Plaintiff No. 2 has been joined to the suit " as he is to get half share in the suit property if plaintiff No. 1 gets possession."
(3.) The defendants pleaded that they were in possession of the lands not as annual tenants, nor as trespassers, but that they were permanent tenants of the lands, and in support of their plea of permanent tenancy they relied upon their long possession of the lands as tenants and they invoked the provisions of Section 83 of the Bombay Land Revenue Code, 1879.