1. The petitioner and his four brothers had as Cadets of the former Lakhtar State received as Giras from that State four villages viz. Moti Kishol, Mul Kishol, Rupavati and Karangadh and other lands situate in the village of Talavani, and had obtained the Hak Patrak dated 15th October 1928 duly registered before the Political Agent of the old Eastern Kathiawar Agency.

2. Of these villages only Karangadh and the lands situated in Talavani are situate within the territory of the then State of Saurashtra and therefore, the Saurashtra Land Reforms Act XXV of 1951 as stated in Section 2 thereof would only be applicable to those lands situate in the villages of Karangadh and Talvani. The case of the petitioner is that being divided and separate in food, worship and estate he and his brothers are holding the Giras as tenants-in-common as the lands are not yet divided by motes and bounds. They therefore say that they are Girasdars within the meaning of Section 2 (15) of the said Act.

3. The applicant on behalf of himself and his four brothers made an application before the Mamlatdar of Lakhtar as provided for by Clause 1 of Section 16 of the Act for allotment of the lands describ