( 1 ) THIS Civil Appeal has been directed against the judgment and decree pronounced by the learned Civil Judge (S. D.), Gondal in Special Civil suit No. 5 of 1975 dated 1/05/1981, dismissing the suit of the original plaintiff against the defendants with no order as to cost.

( 2 ) THE present Appellant No. 1 is the original plaintiff, while the Appellants nos. 2, 3 and 4 are the original defendants Nos. 2, 3 and 4 respectively. The respondent is the original defendant No. 1.

( 3 ) THE original plaintiff Haji Osman Chamadia had filed the above said suit in the Court of learned Civil Judge (S. D.) Gondal against the original defendant No. 1-Bai Jenam, his mother and the defendants Nos. 2, 3 and 4 who happens to be his real brother and sisters. According to the plaintiff the defendant No. 1-Bai Jenam happens to be his stepmother and that the father of the plaintiff Haji Ajij Taher Mohmad Chamadia, a resident of the town of Gondal has expired leaving behind him the plaintiff and the defendants as the heirs and the legal representatives. According to the plaintiff, the deceased Haji Ajij Taher Mohmad Chamadia has expired on 17-12-1975 at Gondal and that the plaintiff and the def