A.J. Desai, J.

1. With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing because the pleadings are completed in the matter and the documents, which have been produced before the learned trial Court and other documents, which have been produced by appellant under Order XLI Rule 27 of the Code of Civil Procedure, 1704.

2. The brief facts arise from the record are as under:

2.1. One Harishankar Kunvarji Dave had died leaving behind him three sons and two daughters namely Dhanvantrai Harishankar Dave, Dinkarrai Harishankar Dave, Shankarlal Harishankar Dave and Jasuben G. Bhatt and Muktaben C. Pandya. Dhanvantrai Harishankar Dave and Dinkarrai Harishankar Dave were granted a piece of land on lease by Bhavnagar Municipality at Survey No. 2922, Ward No. 7 admeasuring 2061.32 sq. mtrs. by passing appropriate order on 17.01.1965 and the nature of the lease is perpetual.

2.2 Both the brothers constructed their independent houses on the said property in question. By a written family arrangement on 05.03.1975, they agreed to distribute the land among themeselves along with house. As per said family agreement between the brothers, they had mutually agreed that they would not have any right, title or interest with regard to the other part of the land and house constructed thereon.

2.3 Dhanvantrai died on 08.12.1975 and the name of his widow namely Kundanben was mutated in the record of City Survey of Bhavnagar Municipality. Dinkarrai also passed away on 23.08.1989 and name of his widow namely Shardaben was mutated in the record of City Survey, Bhavnagar Municipality with regard to the property in question.

2.4 Both the widows submitted an application on 09.11.1992 to the City Survey, Bhavnagar Municipality and requested that the entries may be made in the record of the City Survey about the family arrangement arrived at between the parties according to the application, out of 2061.32 sq. mtrs. of the land, Kundanben widow of Dhanvantrai got 1059.04 sq. mtrs. and also Shardaben, widow of Dinkarrai got the remaining piece of the land admeasuring 1002.28 sq. mtrs. and the entries accordingly mutated on 21.11.1992.

2.5 Dhanvantrai and Kundanben had not child out of their wedlock. However, Dinkarrai and Shardaben had three children namely Kiranbhai Dinkarrai Dave (now deceased), Druvbalaben wife of Dipakbhai Raval and Kirshoriben wife of Shaileshbhai Joshi. The third brother Shankarlal Dave had four children namely Harpalbhai Shankarlal Dave (now deceased), Pramodbhai Shankarlal Dave (expired during pendency of the present proceedings), Vinaben Acharya and Varshaben Joshi.

2.6 Pramodbhai Shankarlal Dave was residing along with his family with Dhanvantrai and Kundanben in the house and using the portion of the land, which was granted in favour of the Dhanvantrai as per his family arrangement of 1975. Kundanben had executed a WILL on 30.07.2007 and the property was granted to son of Pramodbhai Dave i.e. Om Pramodbhai Dave, who was minor at that time. Pramodbhai Dave was appointed as executor of the WILL. Kundanben expired on 05.12.2006.

2.7 Subsequent to death of Kundanben Dhanvantrai Dave, Pramodbhai Dave son of Shankarlal, who was residing with Kundanben, produced a copy of the WILL before the authority for appropriate entries in the revenue record. The authority, after following the procedure, mutated the name of Pramodbhai Dave as a guardian of minor Om Dave in the record of City Survey.

2.8 Pramodbhai Dave filed an application in the Court of learned Additional District Judge, Bhavnagar being Misc. Civil Application No. 178 of 2010 under Section 31 read with Section 29 of the Guardian and Wards Act requesting the learned District Judge, Bhavnagar to permit him to sell the property in question since the same was bequeathed to his minor son. The said application was allowed by the District Judge, Bhavnagar on 25.01.2011 after following the procedure prescribed under the provisions of