cannot evict the plaintiffs without following the due
process of law. It appears that the suit lands have
been acquired by the State for the construction of
Karad-Chandoli road. Mr.Bandiwadekar, learned
counsel for the appellants fairly stated that insofar
as declaration sought in the suits is concerned he
has instructions not to press these appeals against
the findings recorded on the point of declaration
holding that the plaintiffs are not owner of the suit
property. He further submitted that admittedly the
plaintiffs are in possession of the suit property.
According to Mr.Bandiwadekar the suit properties do
not find place in the award and, therefore, the
defendants have no right to take possession of the
suit properties without following due process of law.
He placed a copy of the award before me for my
perusal. I have perused the award so also the
description of the properties in the plaint. In my
opinion, there is a clear reference to the suit
properties in the award. That apart, a specific
contention that the suit properties do not find place
in the award was not raised before the courts below,
though in the plaint, the plaintiffs have made a
vague statement that the suit properties were not
acquired by the State. In any case, even if it is
accepted that what the appellants state is correct,
they have no right in the suit property. Moreover,
