Shelat, J. - (1.) These two appeals by certificate challenge the judgment and order dated August 20, 1965/October 18, 1965, passed by the High Court of Bombay in two special civil applications filed by respondent 1, by which the High Court ordered the appellants to hand over possession of the lands in question to respondent 1.
(2.) The facts leading to the dispute between the parties may first be stated. Respondent 1 was at all material times the jagirdar of Ichalkaranji, having succeeded to the jagir on the death of his father Narayanrao in 1943. It appears that in 1919 the said Narayanrao assigned Survey No. 8 of Ichalkaranji village to the family deity, Vyankatesh Dev and other deities established in his Wada, i.e., in his residence. Entries relating to such assignment were duly made in the revenue records of the village then maintained by the jagir. Similarly, Narayanrao assigned Survey Nos. 106, 107, 108 and 135 of Bhadwandi to Narayan Dev, another temple in Ichalkaranji village. These survey numbers were thereupon entered in the said revenue records as having been so assigned to the said deity.
(3.) In 1943, when respondent 1 succeeded his father to the jagir, he was a minor. The Kolhapur State, therefore, took over the management of the jagir property as also the private property of the jagirdar. This management continued with the Kolhapur State until its merger with the then Bombay State in March 1949. On such merger the Government of Bombay took over the management of the said properties. On April 4, 1957, the State Government handed over the said properties to respondent 1 but not the said survey numbers assigned as aforesaid by Narayanrao to the said deities.;