(1.) This appeal has been preferred against the judgment and decree of the learned Extra Assistant Judge Baroda dismissing civil appeal No. 49 of 1965 and confirming the judgment and decree passed by the learned 6th Joint Civil Judge Junior Division Baroda in regular civil suit No. 1379 of 1962.
(2.) The facts giving rise to this appeal briefly stated are as under:-
(3.) Miss V. P. Shah appearing for Mr. N. R. Oza learned Advocate for the appellants raised the following points