( 1 ) THIS appeal under Sec. 100 C. P. C. , arises of the judgment and order dated 8th September, 1980, passed by the learned District judge, Junagadh, in Regular Civil Appeal No. 66 of 1977 arising of the judgment and order dated 31st March, 1977, passed by the learned Joint-Civil Judge (S. D.) Junagadh, in Regular Civil Suit No. 621 of 1973. The appellant before this Court is the plaintiff.

( 2 ) THE plaintiff is the nephew of one Ibrahimkhan Husenkhan (son of the brother) and the defendants are the brother-in-law and the nephew of the said ibrahimkhan Husenkhan (brother of the wife of Ibrahimkhan and son of the said brother ). The said Ibrahimkhan owned a property bearing Sanad No. 261 of 1973, situated in Bukar Maholla, in the town of Junagadh. The said property originally belonged to the ancestors of Ibrahimkhan and his brother Abdul rahimkhan-the father of the plaintiff. The said Ibrahimkhan had instituted Regular civil Suit No. 266 of 1964 against his brother Abdul Rahimkhan for partition of the ancestral property and the possession thereof. The said suit was decreed in favour of the said Ibrahimkhan and in execution of the decree, the suit property came to t