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 brothe