( 1 ) THE appellant- defendant no. 4 of Special Civil Suit No. 63 of 1971 has challenged the judgment and decree dated 29th December 1978 passed by the learned Civil Judge, Senior Division, Surat, declaring that survey no. 393 of Mota Village admeasuring 1 Acre 2 Gunthas, Gamtal Tukda No. 28 of Mota Village admeasuring 6 Gunthas and Building No. 3/121 of Mota village and building No. 3/122 of Mota village are the joint family properties of families consisting of plaintiff no. 2 Mansing Thakor, plaintiff no. 3 Manilal Thakor (respondents no. 1 and 2 herein), defendant no. 2 Magan Bhikha Kara and defendant no. 3 Bhagatsing Magan Bhikha, respondents no. 5 and 6 herein. The learned trial judge further held that the plaintiff Mansing Thakor and Manilal Thakor are jointly entitled to 1/2 share from the said properties and defendants Bhagatsing Magan and Magan Bhikha are jointly entitled to 1/2 share from the said properties. The learned trial judge, therefore, declared that the appellant is not the rightful owner of survey no. 393 admeasuring 1 Acre 2 Gunthas of Mota village and he should hand over the possession to the present plaintiffs and defendants no. 2 and 3. It was