ORAL JUDGMENT:

1. This Second Appeal is directed against the judgment and decree passed by the learned Joint Civil Judge, Senior Division, Ahmednagar, in Regular Civil Suit No.185 of 1983 decided on 27.2.1987, thereby directing the Defendants to put the Plaintiff-Respondent No.1 in possession of the property and for paying Rs.4,500/= with interest at the rate of 6 per cent per annum from the date of order till realisation of the amount, as mesne profit prior to the institution of the suit, which judgment and decree is further confirmed by learned Additional District Judge, Ahmednagar, by his judgment and order in Regular Civil Appeal No.350 of 1987 decided on 29.3.1988.

2. Briefly stated, case of Respondent No.1plaintiff is that the suit block No.322 admeasuring 45 acres 8 gunthas situated at village Gondegaon, taluka Shrirampur, District Ahmednagar was belonging to him. It was inam land and under the provisions of the Bombay Services Inam (Useful To Community) Abolition Act, 1953, the land was regranted to him by Tahsildar, Shrirampur as new tenure in the year 1959. Plaintiff had paid occupancy charges and acquired title to the suit land. Block No.322 was originally consisting of survey Nos.115 and 116 but those were consolidated and renumbered as block No.322.

3. It is further case of Respondent No.1-plaintiff that the land was Hal Inam land since time of his grand father. The land was initially in the name of his grand father and thereafter in the name of his father and then in his (plaintiff's) name. Plaintiff-Respondent No.1 was serving in Railways. When he was absent from the village, Defendants encroached upon the suit land and, therefore, he filed suit for possession on title and mesne profit.

4. Present appellants are original Defendants No. 2, 3and 7. Respondent Nos.2 to 8 are remaining defendants. It is the case of the Defendants that the suit land was allotted to them under Section 32-G of the Bombay Tenancy and Agricultural Lands Act ("Bombay Tenancy Act" for brevity) by the order of Additional Tahsildar and Agricultural Lands Tribunal. The copy of the order is at Exhibit 64. It is held that all villagers ( ) are purchasers of the suit land. Respondent No.1 has no right over the suit land and so suit be dismissed.

5. By order dated 20.12.1989, this appeal is admitted on grounds 7,8,9,10 and 12 of the Appeal Memo, which are as follows;

(7) It was an error to hold that the lower Court had jurisdiction to try the suit.

(8) It ought to have been held that the order passed by the learned Tahsildar Shrirampur declaring the villagers of Gondegaon as the deemed purchasers-owners of the suit land as early as in the year 1961, vide Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948, and the same has never been challenged by the Plaintiff before the prescribed Tenancy Appellate Authorities, for which reason it has become conclusive and final and could not be set aside by the Civil Courts, nor its validity can be challenged by the Civil Court.

(9) The suit of the Plaintiff is based on title and hence it ought to have been filed within 12 years from the date of the order of Tahsildar declaring the villagers of Gondegaon as the deemed purchasers of the suit land. Hence, it was an error not to have had that Plaintiff's suit is barred by limitation.

(10) The lower Court has erred in holding that the Bombay Tenancy and Agricultural Lands Act, 1948 is not applicable to the suit land although it is specifically provided under Section 12 of the Bombay Services Inam (Useful to Community) Abolition Act 1953, that such lands would be governed by the Relevant Tenancy Act. So also the lower Courts were not competent to decide whether the Tenancy Act is applicable in the instant case or otherwise and also to interpret the relevant statute.

(12) It ought to have been held by the Courts below that the Plaintiff's right to suit property has already been extinguished by virtue of provisions of Section 27 of th