D. C. SRIVASTAVA, J.

( 1 ) RAJKOT Municipal Corporation - defendant No. 1 has filed this Appeal against the Judgment and Decree dated 14. 10. 1996 of 2nd Joint Civil Judge (SD), Rajkot.

( 2 ) BRIEF facts giving rise to this Appeal are as under : plaintiff - Lavjibhai Mandanbhai Patel, respondent No. 2, filed Special Civil Suit No. 35 of 1992 in the Court below for declaration, permanent injunction and mandatory injunction against the defendants. He also claimed mesne profits and compensation from the defendants. The plaintiff claimed to be owner of the agricultural land of Survey No. 479 measuring 4 Acres - 7 Gunthas in Rajkot City, Race Course Road. It was acquired by the father of the plaintiff Mandan Jaga and is in the ownership of the plaintiff and his father since more than 100 years. Madan Jaga obtained this land from erstwhile Ruler of Rajkot city through a grant contained in Lekh No. 78 dated 16. 4. 1946. Entries were made in the Revenue Records as well as village form No. VI, VII and VIII. After the death of Mandan Jaga there was partition between the plaintiff and his brothers which was noted in village Form No. 6, 7, 7/12. Again partition took place amongst brothers of th

Click Here to Read the rest of this document