1. This appeal under section 100 of the Code of Civil Procedure (“the Code” for short) is filed by the original plaintiffs with original defendants No.2,5 and 6 against the judgment and decree dated 31.3.1997 passed by the learned Extra Assistant Judge, Ahmedabad (Rural) at Mirzapur in Regular Civil Appeal No. 67 of 1988 whereby the learned appellate Judge allowed the appeal and set aside the judgment and decree passed by the learned Trial Judge in Regular Civil Suit No. 525 of 1979 dated 30th July, 1988. The suit was filed by the appellants No.1 and 2 for recovery of possession of the suit property from the respondent No.1 (Original defendant No.1). For the sake of convenience, the parties shall be referred to as per their original status before the learned trial Judge.

2. The case of the plaintiffs in their suit was that the defendant No.1 was employed as watchman to look after the trust properties including the hospital and nursing home run by plaintiff no.1, that to facilitate the defendant No.1 to properly perform his duty as watchman, he was given one room to reside therein as licensee till he was in service, that on the request of the defendant No.1 to provide more s