JUDGMENT - DESAI A.A., J.:---These appeals and cross-objection arose out of the judgment dated 25-8-1977 by which claim for recovery of possession has been decreed by the Civil Judge, Senior Division, Beed.

2. Respondents Nos. 3, 4 and 5 (original plaintiffs) claimed that Surveys Nos. 30 and 31 of Mouza Beed being their ancestral property, they are the owners. According to them, Adinath Limbaji Navale (appellant No. 1) filed Civil Suit No. 98/69 against the respondent No. 4 for relief of injunction simpliciter. This suit subsequently on 26-3-1971 was withdrawn. In the meanwhile, i.e. in the third week of June 1970, the appellants original defendants had dispossessed them of the suit fields. They, therefore, on 11-5-1973 filed a civil suit for recovery of possession and mesne profit.

Their claim for possession was resisted by the defendants Nos. 1 to 8 (appellants) contending that the respondent No. 4 Abdul Jabarkhan for self and on behalf of the respondent No. 5 executed in November 1949 an agreement of sale (Exh. 107) for the entire suit land in favour of deceased Limbaji Navale (appellants Nos. 1 to 7 are his legal heirs) and appellant No. 8 Gyandev Navale for a total consideratio

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