1. Both these appeals are directed against the judgment of the learned Assistant Judge, Surat, in Regular Civil Appeal No. 279 of 1977, arising from the judgment of the learned Civil Judge, Junior Division, Olpad, before whom Regular Civil Suit No. 8 of 1971 was filed by the Administrators. Mutawallis and Trustees of Masjid of Khusad village, who are appellants in cross Second Appeal No. 496 of 1979.

2. The aforesaid suit was filed by the aforesaid plaintiffs against Khudsad Gram Panchayat (hereinafter referred to as 'the Panchayat') on the allegation that in the property of the Masjid the Panchayat by demolishing the Ota attached to the well, and filling up the well, constructed a road from south to north. It is the case that the Panchayat had no authority, but went on giving notices twice or thrice to the plaintiffs who also replied the notices all the times, denying the right of the Panchayat on the land of the Masjid. First of all, it seems that the Panchayat objected to the construction being made by the Masjid authorities who were erecting some cess - pool and repairing the Ota. It was considered by the Panchayat that they were erecting some permanent structures with a view to