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A. P. THAKER
State of Gujarat – Appellant
Versus
Turak Rahim Rehman Decd. Thro Heirs – Respondent
JUDGMENT :
1. The present Second Appeal is filed under Section 100 of the Code of Civil Procedure by the original defendant against the judgment and decree passed by the learned First Assistant Judge, Junagadh dated 08.07.1999 passed in Regular Civil Appeal No.46 of 1999, whereby the judgment and decree passed by the learned Civil Judge Senior Division, Junagadh dated 30.09.1988 passed in Regular Civil Suit No.689 of 1979 came to be confirmed by the First Appellate Court.
2. The appellant is the original defendant and respondent is the original plaintiff before the Trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them, i.e. plaintiff and defendant.
3. The brief facts giving rise to the suit of the plaintiff is that; The plaintiff has purchased the suit lands of survey nos. 1058 and 1068 in the sim of Veraval, District Junagadh vide registered sale deed dated 09.01.1968 from one Allahrakha Dada, heir of Turk Rehman Gani and Dada Gani, the predecessor in title. That the suit lands originally belonged to Alarakha Dada, Turk Husein Noormohmed, Turk Ismail Noormohmed and Turk Rehman Gani. That the lands came to the
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