JUDGMENT

A.M. Khanwilkar, J.

1. This appeal is filed by the original defendants against the judgment and order of the High Court of Judicature at Bombay, Nagpur Bench in Second Appeal No.364 of 1990 decided on 24th October, 2008, whereby the High Court, in the second appeal, restored the decree of possession of the suit property passed by the trial court against the appellants, by setting aside the judgment and decree passed by the District Court, Nagpur in Regular Civil Appeal No.564 of 1983 dated 21st January, 1989.

2. The respondent No.1, Shri Hanuman Deosthan, is a public trust duly registered under the provisions of the Bombay Public Trusts Act, 1950 (presently known as Maharashtra Public Trusts Act, 1950) (for short “1950 Act”). The respondents filed Special Civil Suit No.1127 of 1978 in the Civil Court, Senior Division, Nagpur, for possession on the basis of title. It was asserted that one Bansilal S/o Gangadin Perdeshi Teli, R/o Circle No.3 of Nagpur was the disciple of a Hindu saint by the name of Haridas Baba Vishv. The said saint took Samadhi about 70 years back before the institution of the suit. He had a “Math” situated in Circle No.3 in house bearing No.878, where his