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28. As recorded herein above, NA order of 1959 pertains to 80 plots and it further indicates that 5400 sq.yards was shown as garden plot / open plot but not specifying any particular plot number as common plot, more particularly, suit plot. The plaintiffs fail to convince this Court, if at all any further demarcation of plots beyond plot no.1 to 80 are reserved for common purpose, then why plot no.81 to 84 stood transferred in favour of other plot holders, more particularly, plot no.84 shown as club house but sold to one of the plaintiffs. No any justification is provided by learned advocate Mr. Maulik Nanavati either in oral or written submission, more particularly, C/FA/841/2018 CAV JUDGMENT DATED: 18/11/2021 genuineness of entry no.3348 at Exh.249 and layout plan at Exh.195 / 291.

C/FA/841/2018 CAV JUDGMENT DATED: 18/11/2021

33. Learned advocate Mr. Maulik Nanavati for the plaintiffs submitted that suit plot is part of Town Planning Scheme and it was demarcated for garden and for such submission, he relied on Circular at Exh.360, wherein instructions with regard to change of use of land has been stipulated by the authority of Government of Gujarat. According to him, condition no.1 of Exh.360 clearly reflects joint and common ownership rights in common plots. It is case of the plaintiffs that change of usage was availed by the original owner Shri Yaswantrao Gadge and thus, ownership right over suit plot was acquired by the plaintiffs on the basis of registered sale deed. Upon careful perusal of Circular Exh.360, it is quite clear that said GDCR came into existence in the year 1976 and it started to be implemented in the year 1978, which brought into concept of common plot. Therefore, reliance placed on circular / notification prior to 1976 to prove suit plot was common plot is erroneous because NA order or revised NA order with regard to land in question came to be passed in the year 1959 / 1963. So said circular, no-doubt, indicates to earmark common area to be kept as open common plot, but there was no such concept when original owner applied for NA permission in the year 1959.