JUDGMENT - Chandurkar, J.

1. The defendants-appellants who are the transferees from the original defendants Nos. 1 to 4 have filed this appeal challenging the judgment and decree passed by the Civil Judge, Senior Division, Amravati decreeing the suit for possession and mesne profits filed by the plaintiffs-respondent Nos. 1 and 2. The plaintiffs claimed the suit property as mutawallis appointed by a wake deed dated 4-7-1946 alleged to have been executed by deceased Sheikh Mehatab who died on 15-11-1946. By this wake deed Sheikh Mehatab purported to create a wake in respect of the properties specified therein, and according to the recitals in the wake deed Sheikh Mahatab was himself to be the mutawalli during his lifetime. The plaintiffs alleged that after Sheikh Mehatab died on 15-11-1946 defendant No. 1 Sheikh Gulab forcibly took possession of the property and alienated a large part of it. Sheikh Mehatab was the son of Sheikh Bawru and he had a brother by name Sheikh Chandu. Sheikh Chandu, had a son called Sheikh Wazir. Both these persons died before Sheikh Mehatab. Sheikh Wazir left behind a son, Sheikh Gulab, defendant No.1 and two daughters, Batulbi and Bismillabi, defendants no

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