( 1 ) INSTANT Appeal u/s 96 of the Code of Civil procedure is directed against the judgement and decree dated September 30, 1995 rendered in Special Civil Suit no. 170 of 1985 by the learned Civil Judge (SD), vadodara, by which the Suit filed by the appellant against the respondents for partition, claiming 1/3rd share in the ancestral undivided properties, mentioned in para 2 A to U of the Plaint, came to be dismissed.

( 2 ) FOR the sake of convenience, the parties herein are referred to as they are arrayed in the trial Court.

( 3 ) THE facts giving rise to this First Appeal are as follows:3. 1 the plaintiff and the defendants are the real brothers and sisters. Their father - Isharbhai ranchhodbhai - died on 26. 2. 1982. The deceased Isharbhai ranchodbhai was having ancestral properties of agricultural lands, Gabhan land and houses mentioned in para 2 A to U of the Plaint (the suit properties for short ). It was alleged in the Plaint that the suit properties were the ancestral properties. The land bearing Revenue Survey No. 188 was also an ancestral property as the same was purchased from the income derived from cultivating ancestral properties bearing revenue Surv