( 1 ) THESE two first appeals arise out of one and the same judgment delivered by the learned Second Joint Civil Judge (Senior Division) Nadiad on 8 whereby the original claims in special civil suit No. 272 of 1976 for damages came to be partly decreed against the original defendant 1 2 3 and 4 out of which original defendants Nos. 1 and 2 are the appellants in first appeal No. 637 of 1981 while the plaintiff in his turn is the appellant in cross appeal No. 1189 of 1981 wherein he claims larger damages against the concerned defendants. As the plaintiff as well as contesting parties are appellants in cross appeals we will refer to the parties as the plaintiff and defendants in the same sequence in which they were arraigned before the trial court for the sake of convenience in the later part of this judgment.

( 2 ) XXX xxx xxx

( 3 ) RELEVANT Facts: In order to appreciate the main grievance of the contesting parties in the present appeals it is necessary to note a few relevant facts leading to the present proceedings. At village Vadeli in Borsad taluka of Kaira district is situated a Shiv Temple also styled as Nityanand Mahadev temple. In the month of Shravan Akhand B