( 1 ) THIS is an appeal on behalf of the plaintiffs who had brought a suit for proprietary possession of the land (for clarity, which was marked in the Commissioners map), by demolition of certain constructions made thereon, on the allegations that that plot of land belonged to Shivaji and the defendants have wrongfully encroached upon that land and had made constructions in December 1945.

( 2 ) THE plaintiffs in the suit were Shivaji through Babu Ram, acting as next friend of plaintiff 1, claiming to be its Pujari and there were 9 other Hindus who had claimed to file the Suit in representative capacity and had taken permission of the Court under Order 1, Rule 8, Civil P. C. The existence of a temple of Shivaji in Gurahi Bazar, Mohalla Saadatganj, cannot be denied. It has been there for a very long time. On behalf of the plaintiffs it was alleged that it was a public temple and it stood on plot No. 1944 which number includes the land in dispute also. This land was dedicated to plff. 1, Shivaji from time immemorial and the dedication was sought to be proved by long user and it was said that plaintiff 1 had derived title on account of this dedication by long user.