( 1 ) THIS appeal arises from the impugned judgment and decree dated 29. 9. 1979 rendered by the learned Civil Judge (SD) at Palanpur in Special Civil Suit No. 10/66 dismissing the plaintiffs suit with costs. The appellants are the plaintiffs in the suit and the respondents are the defendants therein.

( 2 ) THE plaintiffs filed the aforesaid suit for possession of the suit premises consisting of two house site plot and agricultural lands as described in the plaint and for mesne profits at a yearly rate of Rs. 175/per house site plot and Rs. 525/ for agricultural lands for a period of three years before the date of the filing of the suit and for a period commencing from the date of the suit till the possession of the suit property is delivered by the defendants to the plaintiff. According to the plaintiff, they are full brother and sister. Their father died about a year before the date of the suit. They have claimed rights in the suit properties as agnates in the family headed by Samabhai Surjibhai as per the pedigree set out in para-4 of the plaint. One Daljibhai Sardar is their cousin in the line of Ramsing Samabhai. The said Daljibhai Sardar died on 18. 12. 1959 i