1. The appeal has been admitted on the substantial question of law formulated as below :

“(i) Whether the lower Appellate Court erred in law in not considering the fact that the plaintiffs have conceded that there was sufficient evidence on record showing that deceased Krishna had executed sale deed of suit properties in favour of Mahadeo on September 22, 1943 and thus accepted the title of the defendants since 1953 till 1985 when for the first time the plea of adverse possession was raised ?

(ii) Whether it ought to have been held that the plaintiffs have failed to prove continuous physical possession for more than 12 years and that such possession is hostile to title holder ? ”

2. Heard Mr. Chetan Patil, the learned counsel for the appellant and Mr. P.G. Karmale, the learned counsel for the respondents.

3. A brief reference to the factual aspect is necessary for deciding this appeal.

Respondent Nos.1 and 2 have filed Special Civil Suit No.244/1985 in the Court of Civil Judge S.D., Kolhapur against the appellants herein for declaration of title and for perpetual injunction. The suit property is land admeasuring 141 – 95 sq. mtrs. situated at City Survey No.894/1, 894/2 at Kol