1. This appeal is preferred against the judgment and order dated 6th January, 1995 and decree drawn up accordingly in Regular Civil Appeal No.33 of 1994 by Joint District Judge, Chandrapur, reversing the judgment and decree rendered in Regular Civil Suit No.279 of 1990 by Joint Civil Judge (Junior Division), Chandrapur on 3rd January, 1994.

2. The appellant is original defendant and respondents are original plaintiffs. The respondents had filed Regular Civil Suit No.279 of 1990 against the defendant. It was filed for removal of encroachment, recovery of possession and grant of permanent injunction against the appellant. The suit was filed on behalf of Trust by its then secretary, Abdul Subhan s/o. Ramjan Bax Siddhiqui and one trustee Kazi Abdul Hafiz Abdul Munaf. During the pendency of the present appeal, Abdul Subhan s/o. Ramjan Bax Siddhiqui, was substituted by the President of the said Trust Shafi Mohd. Abdul Kazi and name of respondent No.2/original plaintiff No.2 came to be deleted from the array of the respondents.

3. For the sake of convenience, the appellant and respondents are hereinafter referred to as defendant and plaintiff trust.

4. It was the contention of