Oral Judgment:

1. This is an appeal by original plaintiffs raising challenge to the judgments delivered by both the courts below.

2. Plaintiffs instituted Regular Civil Suit no. 546/1981 claiming declaration of ownership and recovery of possession of plot situate at Chouphala, Nanded and further declaration that the registered sale-deed executed by defendant no. 2 in favour of defendant no. 1 on 27-12-1969 is null, void and ineffective as against the rights of the plaintiffs. Plaintiffs belong to Padmashali Samaj and claim themselves to be the active members of the Samaj. It is claimed that the Mandal owns and administers Mahadev / Shiv and Ganpati temple situate at Chauphala, Nanded. There is open plot adjoining the temple which belongs to the Samaj / community. The temple is in existence since 1949-1950. In 1958, defendant no. 2 came in contact with the active members of the community and he was called upon to serve the temple as “Poojari”. Defendant no. 2 thereupon started residing at the temple and performing the functions of “Poojari”. An area admeasuring 100’ X 64’ has been earmarked and gift deed came to be executed by the members of the community in favour of defe