( 1 ) THIS appeal is filed by the appellant who is the original defendant against the Judgment and decree passed by the learned Civil Judge Senior Division Gondal on 13-12-1976 in favour of the plaintiff in Special Suit No. 25 of 1972. The plaintiff-trust is held to be owner of the suit property and the defendant is asked to hand over the suit property to the plaintiff forthwith and also to pay Rs. 2666. 00 for mesne profits for use and occupation and also to pay Rs. 100. 00 per month till the possession is handed over to the plaintiff. During the pendency and final disposal of this appeal the appellant-original defendant died. Therefore his heirs and legal so representatives are brought on record in this appeal in his place.

( 2 ) MR. Nanavati learned Advocate appearing for the appellant has submitted that the Trial Court ought to have dismissed the suit of the plaintiff as one trustee cannot file suit on behalf of other trustees. In support of his submission he relied upon the Judgment of this Court in case of Atmaram Ranchhodbhai v. Gulamhussein Gulam Mohiyaddin and Anr. reported in 13 G. L. R. 828. He submitted that the learned Trial Judge has wrongly relied up