( 1 ) CHUNILAL Tribhovandas Patel - respondent No. 1 in this Second Appeal claimed to be the owner of a piece of land situated in the village Dumal Vaghpara, taluka Jhagadia, District Bharuch, by operation of the Bombay Merged Territories and Abolition Act, 1953. The respondent No. 1 claimed that it was a dumaldar property in his possession and he has become the owner of the same. The respondent No. 1 asked permission from Dumala Vaghpara Gram Panchayat to erect structure upon the land under the Panchayat Act, which was granted to him earlier and accordingly he had erected construction upon the land. However, the said construction was demolished by the Panchayat on 2 5/09/1974. Therefore, the respondent No. 1 filed a Civil Suit, being Regular Civil Suit No. 194 of 1974 for the damages, which was decreed and appeal filed against the decree was dismissed. Thereafter, respondent No. 1 intended to erect construction again upon the land as per the previous permission and he intimated his intention to the Panchayat and since the Panchayat did not permit the respondent No. 1, he filed present suit, being Regular Civil Suit No. 49 of 1986 in the court of Civil Judge, (JD), Jh