JUDGMENT:

P.K. BALASUBRAMANYAN, J.

Leave granted.

1. This appeal arises out of Special Leave Petition (Civil) No.9739 of 2005. The plaintiff in a suit for declaration of joint title with defendant nos.10 to 13, for recovery of possession of the plaint schedule property and for mandatory and prohibitory injunctions, is the appellant in this appeal. He filed Civil Suit No.53 of 1990 against the defendants 1 to 9. On objection being raised by defendant 1 to 9, the plaintiff also impleaded defendants 10 to 13 who he claimed were co-owners with him of the suit property.

2. According to the plaintiff, the suit property was blocked in new khasra no.327 and recovery of possession was sought in respect of 73 cents in the north-western corner of the said khasra. The case of the plaintiff is that new khasra no.327 along with khasra nos.329, 330 and 331 out of Mouza Sitabuldi, Circle No.19/27, Division No.8 at District Nagpur belonged to a Muslim family and the property was granted on lease to Balwantrao Mahajan, a predecessor-in-interest of the plaintiff. The lease deed executed in that behalf was dated 21.7.1875. The predecessors of the plaintiff had permitted the predecessors of defendants 1 to