JUDGMENT :

Bhagwati Prasad, J.

By this common judgment we are deciding the appeals arising out of the decision rendered by the Court of learned Civil Judge (Senior Division), Kachchh-Bhuj on 18.9.1999. By the aforesaid judgment, learned Civil Judge has decided Special Civil Suit No. 68 of 1980, Regular Civil Suit No. 42 of 1995 and Civil Miscellaneous Application No. 73 of 1993. For the purpose of deciding the controversy, first we are delineating the facts as contained in Special Civil Suit No. 68 of 1980. The other two matters being cognate and are arising out of the same controversy are being dealt with subsequently. In that view of the matter, the facts of Special Civil Suit No. 68 of 1980 are the foundation of our judgment as the same has been the basic foundation of the judgment of learned Civil Judge (Senior Division), Kachchh at Bhuj.

2. The plaintiff in Special Civil Suit No. 68 of 1980 is the appellant before us in this appeal. The plaintiff appellant claimed in his Suit that he is son of defendant No. 1 and 2, both defendants since deceased. Defendant Nos. 3 and 4 in the said Suit were described as younger brothers of the plaintiff. Defendant Nos. 5 and 6 were grandsons of