JUDGMENT :- This Second Appeal has a checkered history. The dispute looms over span of more than 40 years. There is also a tinge of communal sensitivity attached to the dispute. For, the original plaintiffs claim that the suit properties are Inam lands of Dargah Niyamatullah Shah Quadri. Whereas, the contesting defendants claim the same as Inam lands of Namdeo Deosthan.

3. The dispute relates to five agricultural lands. They are :

S. No. 60 Area 31 acres, 32 gunthas

S. No. 62 - Area 35 acres, 29 gunthas

S. No. 77 Area 27 acres, 18 gunthas

S. No. 78 - Area 9 acres, 19 gunthas

S. No. 79/2 Area 15 acres, 19 gunthas

All the above lands are situated at Haregaon. The place of alleged Dargah or Deosthan, whatsoever it may be, is situated in Survey No. 78.

3. Respondents No. 1 to 4 herein are original plaintiffs. The appellants are contesting defendants. The respondents No. 6 to 11 are said to be members of temple Trust and concerned with Namdeo Deosthan. Respondent No. 12 supported the plaintiffs' claim in the trial Court and is a formal party. Respondent No. 13 is also a formal party being the adjudicatory authority.

4. The respondent Nos. 1 to 4 filed suit (R.C.S. No. 505/1987) for declaration that the suit lands were the Inam lands of Dargah Niyamatullah Shah Quadri and they are Inamdars thereof. They sought recovery of possession of the suit lands for and on behalf of the said Dargah.

5. Briefly stated, their case is that they are descendants of one Syed Umar and defendant No. 12 is descendant of one Syed Ali Said Syed Umar and Syed Ali were the lineal descendants of original Mutawali of the Dargah. The suit lands are imams granted in favour of said Dargah. In 1963, Namdeo Deosthan Trust was registered on an application filed by one Raghunath Narsingrao Karbhari. Though the suit lands were shown to be Inam properties of Namdeo Deosthan, yet the Assistant Charity Commissioner did not include them as Trust properties. In the year 1972, however, an application was filed for inclusion of the suit lands in the list of the Namdeo Deosthan properties. The proceedings were initiated under section 22-A of the Bombay Public Trusts Act, 1950. The respondent No. 13-Assistant Charity Commissioner granted the application and ordered inclusion of the suit lands as the properties of the Namdeo Deosthan Trust. This was done at back of. the plaintiffs. They came to know about the proceedings filed under section 22-A of the Bombay Public Trusts Act, after making subsequent enquiry. The revenue authorities had taken the suit lands in possession due to a dispute regarding the rights. The possession of the suit land was, however, wrongly delivered to the contesting defendants as representatives of Namdeo Deosthan, on 19-8-1978 by the revenue authorities. The defendant Nos. 1 to 11 have no right or title, whatsoever, to continue their possession over the suit lands. Consequently, the suit for declaration and possession was laid.

6. Assertions of the contesting defendants (appellants) are that the suit lands are the properties of Namdeo Deosthan. The temple of Namdeo is situated in Survey No. 78 since immemorial time. There was no Dargah of Niyamatullah Shah in the said land nor the suit lands were granted as lnam for the said Dargah. There was rule of Nizam Government in the area of prior to the independence and, therefore, members of Muslim community got manipulated false revenue entries with the help of village Officers. There was no basis for such revenue entries, which created certain doubts regarding the original grant of the lnam.

7. The contesting defendants alleged that, subsequently, the suit lands were entered into the register of the trust after due inquiry under section 22-A of the Bombay Public Trusts Act by the competent authority and hence, the plaintiffs cannot challenge the ownership of the Trust. They also submitted that the suit was bad for non-joinder of the State Government. They further contended that the suit was b

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