( 1 ) THIS is a second appeal filed by the original defendant of the Regular Civil Suit No. 663 of 1976 dismissed in his favour and against the present respondent by the learned joint Civil Judge Junior Division Jamnagar whose judgment had come to be set aside by the learned District Judge in this respondent plaintiffs regular Civil Appeal No. 138 of 1982 in the District Court at Jamnagar.

( 2 ) THE respondent plaintiff had filed the suit against the present appellant defendant for a declaration that it was she who was the tenant and occupier of a godown situated in the City of Jamnagar ever since about the year 1955 after the defendant had surrendered his tenancy of the godown in favour of the landlord that after her husbands death in the year 1973 she was paying rent to the landlord and was enjoying the property as a tenant and that the defendant the elder brother of her late husband was interfering with her possession and she had therefore prayed for a declaration of her status as a tenant in respect of the said godown and for an injunction restraining the defendant from interfering with her possession of the godown in question. During the pendency of the suit an