( 1 ) THIS is a second appeal under Section 100 of the Code of Civil Procedure by original defendant in Regular Civil Suit No. 141 of 1979 in the Court of Civil Judge (J. D.), at Sankheda, over which an appeal was preferred in the District Court at Baroda vide Civil Appeal No. 330 of 1980.

( 2 ) THE appellant was the defendant in Civil Suit No. 141 of 1979 preferred by present respondent. The suit was preferred for declaration and injunction against the present appellant. The case of the plaintiff was that survey No. 399 admeasuring 7 Vighas and 19 Vasa of village Parvata, taluka Sankheda was originally owned by Patel Mathurbhai Garbadbhai and Mithabhai Kalidas of village Krushnapara. Out of the said survey number, 7 Vighas of land of the northern side was purchased by the forefathers of the plaintiff and one Motibhai Ranchhodbhai Patel, Mathurbhai Dajibhai, Tribhovan Dajibhai, Abhurbhai Hajibhai, Manor Chhitabhai, Parshottam Varadhabhai, Babubhai Becharbhai, Bhikha Parshottam and Bhagvanbhai Desaibhai on May 16, 1919 and since then, the land is in possession of the purchasers and their heirs. Over the said survey No. 399 purchased by the forefathers of the plaintiff