( 1 ) THIS Letters Patent Appeal is directed against an order passed on 4-9-68 in Special Civil Application No. 578 of 1967 whereby it came to be dismissed with costs. The facts leading to that application may be broadly stated.

( 2 ) A plot of land bearing No. 178 which consists of plots bearing S. Nos. 14/5 15 16 16 16 and 19/1 is situated near Raj-chowk in the town of Upleta in the District of Rajkot. The entire land admeasures about 17 bighas 3 gunthas which is equivalent to about 38 800 square yards. This land along with land No. 169 were reserved by the then State of Gondal for being included in the town planning scheme for Upleta. Since that did not materialise the State of Gondal allotted the plot of land No. 178 for the purpose of cultivation to one Bawanji Bada the father of the petitioner appellant along with two others Bhana Duda and Savji Duda on payment of revenue assessment under a document of grant dated 26th July 1939. As the case of the petitioner went Bhana Duda and Savji Duda had relinquished their right in the said land and the petitioner claims the entire land himself. He had however joined them as respondents Nos. 3 and 4 in the case. With the