ORDER:

1) The appeal is filed against the judgment and decree of Special Civil Suit No.135/2009 which was pending in the Court of the Civil Judge Senior Division Dhule and also against the judgment and decree of Civil Appeal No.22/2012 which was pending in the Court of the Ad-hoc District Judge-1, Dhule. The suit filed by the present appellant for relief of declaration that the decision of Special Civil Suit No.155/2005 decided by the Civil Judge Senior Division Dhule is not binding on him and for further relief of perpetual injunction to protect his possession over the suit property is dismissed by the trial Court and this decision is confirmed by the first appellate Court. Both the sides are heard.

2) To ascertain the main points involved in the litigation, the history of the litigation to some extent needs to be given. It is as follows, incident wise :

(i) The suit property is 28.33 R portion (30600 square feet) of Survey No.484/1 situated at Dhule. This property was owned by one Mehmood Majeed. On 29-7-1963 Mehmood Majeed executed lease deed in favour of Burma-Shell Company, the then oil company. The lease was for the period of 20 years and the yearly rent was Rs.1000/-. Right wa