01. This is an appeal preferred by original plaintiff Sitabai (since deceased, represented by her legal heirs-appellant Nos.A1 to A5) whose suit bearing R.C.S. No.645 of 1978 for declaration and permanent injunction to restrain Defendant No.1State of Maharashtra from taking possession of the suit land was dismissed by the Joint Civil Judge, Senior Division, Ahmednagar on 18.12.1982 which judgment and decree was further confirmed by the learned II Additional District Judge, Ahmednagar in Regular Civil Appeal No.33 of 1983 decided on 23.1.1987.

02. Briefly stated, the facts giving rise to this second appeal are that the original plaintiff Sitabai-appellant herein was the wife of original Defendant No.3 Narayanrao Deshmukh who is Respondent No.3 in the second appeal. Northern half portion of the suit land Gat No.197/1 admeasuring 6 hector 88 Ares situated at village Mahegaon Deshmukh is the trust property owned by Respondent No.2 Trust, namely, Goverdhanhari Devasthan Trust, Kopergaon. It is stated that the appellant Sitabai had been in occupation and cultivation of the land in her capacity as tenant. After the provisions of the Maharashtra Agricultural Lands (Ceiling on Ho