( 1 ) THIS second appeal arises out of a suit for declaration of title and possession in respect of a Bagichi (consisting of some structure and open land ). It was alleged in the plaint that this suit property together with other properties was mortgaged with the plaintiff's ancestors on May 16, 1925. The plaintiff's father resided in bombay. His Munim Vithaldas Kothavi looked after his business at Khilchipur where the suit property is situate. The munim temporarily permitted some persons (not named in the plaint, nor made parties) to use the suit property for recreation. The plaintiffs father died on December 8, 1951, and the munim predeceased him. When the plaintiff came to Khilchipur he found the 18 defendants in possession of the suit premises. The plaintiff nor his ancestors had ever permitted any individual or corporation or institution but had given permission only to particular persons and after they ceased to exist, the permission also determined. The defendants' possession was alleged to be that of trespassers.

( 2 ) THE suit was dismissed by the trial Judge on two grounds. It was held that the suit was bad for non-joinder of necessary parties. Secondly, th