( 1 ) THIS appeal under Sec. 100 of the Code of Civil procedure, 1908 has emanated from suit brought by the respondent for declaration of title to the suit property and injunction directing the appellant to remove water tank, shed etc. constructed over the same.

( 2 ) THE suit property which is plot No. 38/a, admeasuring 995-1 sq. yds. is situated at Bhaktinagar Co-operative Housing Society, Rajkot. The plot originally belonged to the husband of the respondent and after his death the respondent became exclusive owner of the same. In part portion of the plot, five shops are constructed and in one portion there is a residential house comprising one room, a kitchen, latrine, bath-room and varanda. The residential house is let out to the appellant at the rate of Rs. 45. 00 per months. Five shops are also let out to different persons and one of the shops is let out to the appellant. According to the respondent, excluding the shops and residential house, the entire plot is open and is in her possession and the respondent was not entitled to make use of any part of the plot except what was let out to him. The plaintiff made grievance that inspite of this fact, the appella