JUDGMENT - 1. This is plaintiffs second appeal involving interesting points of law. The properties in dispute are agricultural lands survey Nos. 89 and 90 situated in village Sangavi-Surya in Taluka Parner. Survey No. 89 measures 3 acres 29 gunthas and is assessed at Rs. 5-2-0. It is a Bagayat land called as Malai. Survey No. 90 measures 12 acres 23 gunthas and is assessed at Rs. 3-12-0. It is a Jira-yat land known as Wadi. The plaintiffs are in possession of the suit lands for a number of years. According to them, they and their ancestor have been in possession of the lands for over 60 or 70 years. One Waman Raghunath Kulkarni was shown In the record of rights extracts as the occupant of the said lands. The plaintiffs are shown in the record of rights as tenants of the said lands.

2. The Talathi of the village reported to the Taluka Magistrate of Parner that the occupant Waman Raghunath was not known to be living and the lands were intestate property. The report of the Tala- thi was received by the Taluka Magistrate on July 26, 1960 and the Taluka Magistrate in his turn made a report to the District Judge, Ahmednagar on October 15, 1962 purporting to act under Section 10 of Bombay

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