N.V. Anjaria, J.

1. The present Second Appeal is directed against judgment and decree dated 4th January, 1991 passed by Assistant Judge, Surendranagar in two Regular Civil Appeal Nos. 43 of 1985 and 44 of 1985. Regular Civil Appeal No. 43 of 1985 was an Appeal preferred by the original plaintiff-Valand Lalji Arjan, whereas Regular Civil Appeal No. 44 of 1985 was by Rana Bharatsinh Jasubha, who is appellant herein and who was original defendant No. 10. Learned Assistant Judge allowed Regular Civil Appeal No. 43 of 1985 and dismissed Regular Civil Appeal No. 44 of 1985. It was declared that the plaintiff and defendant Nos. 1,2, and 4 to 8 are entitled to one-eight share each in the suit properties.

1.1. The aforesaid two Regular Civil Appeals culminating into the impugned judgment and decree arose from judgment and decree passed in Regular Civil Suit No. 8 of 1977 decided on 31st December, 1984 by learned Civil Judge (J.D.), Limbdi. It was a suit wherein plaintiff claimed relief of partition and declaration of one-fourth share in the suit properties with other incidental prayers. The trial Court dismissed the suit of the plaintiff, directed that defendant Nos. 4 to 8 were entit