(1.) MR .S.P. Majmudar, learned counsel for the appellants and Ms.Sonal Shah, learned counsel for the respondents.
(2.) THE appeal has been admitted for hearing the parties on the following substantial questions of law: -
(3.) SHORT facts necessary for disposal of the present appeal are that the plaintiffs appellants filed a suit against the defendants submitting inter -alia that under Parvana No.1011 dtd.14/9/1914, the erstwhile ruler of Idar State had granted some land in the name of Sankhla Bhagvan. Accordingly, the said Sankhla Bhagvan became owner of the property, the measurements of the land were 31 ft. East -West and 17 ft. and 9 inch North -South. According to the plaintiffs, they had constructed a kuchcha hut and were using the same for keeping their agricultural implements and other articles. The defendants on 22/1/1977 committed trespass, demolished the hutment and for those wrong committed by them, a complaint was lodged, the plaintiffs, therefore, filed the suit on 25/1/1977 to recover actual possession of the suit land from the defendants and a decree for Rs.1500=00 towards the losses suffered by them because of demolition of hutment.