JUDGMENT - 1. These two appeals can be disposed of by common judgment for the sake of convenience since they involve some facts which are common to both the cases. Second Appeal No. 217 of 1961 has arisen out of a suit filed by Chapsibhai Dhanjibhai Jain against Purusnottam son of Motilal Jhunjhunwala. Second Appeal No. 218 of 1961 has arisen out of a suit filed by Purushotlam Motilal Jhunjhunwala against Chapsibhai Dhanjibhai Jain. Throughout the judgment, Chapsibhai will be referred to as the plaintiff and Purushottam will be referred to as the defendant The fact underlying this litigation may be briefly stated as follows: There is an open piece of land belonging to the predecessors-in-title of the defendant at Khamgaon, on 5-5-1906 the plaintiffs father took the easternmost portion of this land, measuring 26 feet east-west and 225 feet north-south on lease and passed a kabuliyat in 5-5-1906 in respect of the same. In 1906 the plaintiffs father constructed a building which he started using as a shop in the northernmost portion of the plot taken on lease by him. Again, in 1909 he built a godown in the southern-most portion. In 1921, the plaintiffs father put up a three storied str

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