KANTAWALA, C. J. :- All these appeals arise out of apportionment of compensation awarded in respect of survey No. 41 situate at Nanded. The dispute in all these appeals pertains to apportionment and the controversy is between claimant Kachrulal Dhut who is in occupation of the property and who has constructed a house and Gurudwara Takhat Sri Huzur Upchal Nagarsaheb. Survey No. 41 of Nanded has been proposed to be acquired for providing residential quarters for employees of Zilla Parishad, Nanded. The compensation for this survey number was determined under the award as payable to the persons interested at Rs. 17,000/- and the disputes between these two claimants relate only to apportionment.

2. In First Appeal Nos. 210 and 211 of 1972 the contention of Mr. Paranjape on behalf of claimant Kachrulal is that the claimant has become the absolute owner of this survey number by reason of adverse possession thereof by him and his ancestors openly and continuously for a period of more than 12 years and the entire amount of compensation has to be awarded to his client. In the alternative it is submitted that when the trial Court awarded 15% out of the total amount of compensation to