( 1 ) HEARD learned Counsels.

( 2 ) THE consent decree was passed in Special Civil Suit No. 422 of 1978 on 30-12-1988 by the Civil Judge (S. D.), Surat with regard to piece of land situated at Fulpada. Taluka Choryasi. District Surat. i. e. . Revenue Survey No. 27/1/2 admeasuring two acres and one guntha, i. e. , 8,196. 64 sq. mts. of land. The Town Planningscheme No. 15 (Fulpada) was implemented under Town Planning Scheme in place of original plot No. 59, i. e. , Revenue Survey No. 27/1 final plot No. 57 was given. There was yet another piece of land at Fulpada being Revenue Survey No. 86 paiki admeasuring 1. 23 acres and Survey No. 26/2 and 26/3 to which Town Planning Scheme was also applicable. The disputed land being Survey Nos. 27/1 and 86 paiki originally belonged to one Vallabhbhai Hasjibhai. These lands were mutated in the record of rights in the names of Hargovindbhai Vallabhbhai and Thakarbhai Vallabhbhai by successor. There was a partition between Hargovindbhai and Thakarbhai Vallabhbhai with regard to the ancestral property and thus land bearing Survey No. 27/1 and 86 paiki had gone in the share of Hargovindbhai. The aforesaid lands were in the name of Ha