( 1 ) THE petitioner-original decree-holder of civil suit no. 1396 of 1975 has filed this petition under the following circumstances:

( 2 ) THE petitioner obtained a decree in Civil Suit No. 1396 of 1975 and by that decree he became entitled to possession of the premises after 31 because the tenant was granted time to vacate the suit premises upto 31-8-1978. The decree-holder thereafter filed an execution petition being Execution Petition No. 361 of 1978 in the Court of Small Causes Judge Vadodara. Incidentally we may say that that was the Court which had passed the original decree. The defendant raised a contention and his contention was that his original landlord Pranjivan Narottamdas expired and widow Hasumatiben who had filed the execution petition had no right to file the petition without obtaining succession certificate. The second contention which was of some importance was that he had called upon the widow to express condolences on the death of the deceased and at that time he expressed his difficulty and on request being made the petitioner agreed to continue him as a tenant on payment of Rs. 200- per month and it was also agreed that further negotiations wo