D.G. DESHPANDE, J.:---Both the petition and the second appeal were filed by the one and the same person, namely, Vithu Hira Mahar. It appears that he died during the pendency of this petition and his legal heirs have been brought on record.

2. In writ petition petitioner Vithu challenged the Order of the Additional Commissioner, dated 6-4-1985 as per Exhibit 'K' to the petition and in the second appeal appellant Vithu had challenged the Order of the District Judge, Pune, (P.V. Kakadae) dated 18-6-1985 in appeal filed by him. This appeal before the Additional District Judge was filed by Vithu against the order of the trial Court in Civil Suit No. 2353 of 1979 by which the trial Court had decreed the suit of the respondents - plaintiffs.

3. Though the writ petition and the second appeal are arising out of different orders, common questions of fact and law are involved in both of them and hence they were tagged together and were heard together.

4. There is a chequered history to the litigation pending between the parties. However, for the purpose of brevity convenience and understanding it would be better to start from RTS/Watan Appeal No. 107/19/9 decided by Sub Divisional Offic