( 1 ) THIS is an appeal by the original plaintiff of the Civil suit No. 125 of 1969 filed by him in the court of the Civil Judge (J. D.) Dholka being a suit for injunction seeking to restrain the defendant from interfering with his possession which he had allegedly acquired from the two predecessors-in-the as per the agreement of sale Ex. 129 dated 28-3-69 followed by the regular sale deed Ex. 130 dated 15 which was procured by the plaintiff after seeking permission from the competent authority under the provisions of the Bombay Prevention of Fragmentation and Holding Act 1947 the permission being required because the suit land originally consisting of two survey numbers was constituted a block and given block No. 498 as per the provisions of the said Act. The learned trial Judge dismissed the suit. So the original plaintiff had filed the Civil Appeal No 40 of 1973 in the District Court at Ahmedabad (Rural) at Narol where the learned District Judge came to dismiss the same. The present second appeal under sec. 100 of the Civil Procedure Code therefore had come to be filed by the original plaintiff who died during the pendency of the second appeal and this appeal is b