( 1 ) THE suit from which this second appeal arises was instituted by the plaintiff-respondent in the Court of the Civil Judge (I. D.) at Limbdi against the defendant-appellant for a permanent injunction restraining the defendant from tethering cattle in his Fali and keeping utensils and agricultural implements and also for a permanent injunction restraining him from causing obstruction to him in tethering cattle or using the Fali in any way he liked and for other incidental reliefs in the suit inter alia alleging that the suit Fali belongs to him and that the defendant has no right to tether cattle or keep any such implements so as to obstruct him in enjoyment thereof.

( 2 ) THE defendant-appellant resisted the suit inter alia contending that the Fali in front of his house belongs to him and not to the plaintiff as alleged; that he had allowed the plaintiff to construct a Gaman as he was his neighbour and he had to remove the same when called upon to do so; that he has a right to use and enjoy the Fali in front of his house in any manner he liked and that therefore the suit was liable to be dismissed.

( 3 ) THE trial Court raised the issues and in its opinion the F