(PER : HONOURABLE MS JUSTICE SONIA GOKANI)

1. The present First Appeal has been preferred under section 96 of the Code of Civil Procedure, 1908, challenging the legality and validity of the judgment and decree dated April 27, 2001 passed by the 3rd Joint Civil Judge (Senior Division) and Judicial Magistrate, First Class, Surendranagar, in Special Civil Suit No.35 of 1997.

2. The brief facts leading to filing of the present appeal are as under :

2.1 As averred in the appeal, the appellant-original plaintiff (hereinafter referred to as 'the plaintiff') is the prince of the erstwhile ruler of Wadhwan City. The State of Wadhwan was ruled by the ancestors of the plaintiff namely his father Shri Surendrasinhji Jhala and grandfather Shri Joravarsinhji Jhala. Cities like Surendranagar and Joravarnagar are named after the said ancestors of the plaintiff. The people in the region have enormous love and respect for the entire princely family. The father of the plaintiff was also an elected legislative member of Wadhwan constituency, who also donated various parcels of his lands for the purpose of promoting educational activities in the area. Even for the development of the business,