JUDGMENT :

A.P. Thaker, J.

1. This First Appeal and Cross-Objection are arising from judgment and decree passed by learned Civil Judge, S.D. Himmatnagar dated 30.1.1982 in Special Civil Suit No. 17 of 1975. The First Appeal has been preferred by the original defendant, whereas cross-objection has been preferred by the original plaintiff.

2. By judgment and decree dated 30.1.1982, trial Court has partly allowed the suit of the plaintiff and restrained defendants and his agents and servants by way of permanent injunction from making any construction upon the land admeasuring 26 ft. (N-E) x 33 ft. (E-W) situated at Khedbrahma and bounded as shown in Para-5 of the plaint. At the same time, the defendants were restrained from disturbing the plaintiff from his use and occupation of the suit land except the land admeasuring about 83 ft. (E-W) x 9 ft. (N-S) as indicated by letter “A” mentioned in paragraph 51 as well as land admeasuring about 15 ft. (E-W) x 18 ft. (N-S) as indicated by letter “B” in paragraph 13 of his written statement, which are in actual possession of the defendant.

3. The defendant by way of First Appeal has submitted that the trial Court has committed an error of facts an