JUDGMENT (ORAL)

The present Second Appeal is filed under Section 100 of the Code of Civil Procedure by the appellant original plaintiff against the judgment and decree dated 14.08.2019 passed by the learned 8th Additional District Judge, Vadodara in Regular Civil Appeal No.173 of 2018, dismissing the Civil Appeal and confirming the judgment and decree passed by the learned 11th Additional Senior Civil Judge, Vadodara in Regular Civil Suit No.3852 of 2015 (Old Special Civil Suit No.251 of 2007) on 18.04.2018.

2. The appellant is the original plaintiff and the respondents are the original defendants before the trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them before the Trial Court i.e. as “Plaintiff” and “Defendants”.

3. The brief facts of the case of the plaintiff is that the father of the defendant No.1 - deceased Bhagvanbhat Mathurbhai Patel was the owner of agricultural land bearing Revenue Survey No.113/1 ad-measuring 0-91-05 H.R.A.Sq. Mtr. of old tenure land situated at Village Atladara. That the deceased was cultivating the said land by and it was in the ownership and possession of the defendant Nos