JUDGMENT

Shivaraj V. Patil, J.-The first respondent (plaintiff) filed the suit O.S.No. 91/84 for declaration of its title and for recovery possession of the plaint schedule property. The appellant (defendant No.2) filed written statement in the suit contending that the suit was not maintainable; the plaintiff had no title to the plaint schedule land; the agreement dated 13.2.1973 did not confer any title on the plaintiff and the said agreement was signed only by five members of the tarwad out of about 100 members and it did not convey legal or valid title over the properties in question on the plaintiff. In addition, the defendant No.2 resisted the suit on some more grounds. Trial court, after a full dressed trial, appreciating the evidence placed on record, decreed the suit declaring that the plaintiff-committee has got title to the property as mutawalli in management of the mosque and common graveyard. The trial Court also granted decree for recovery of possession of plaint schedule property from the defendant No.2 with a direction that the defendant No.2 should domolish the alterations made by him during the pendency of the suit and surrender possession of the premises with the s