( 1 ) ). The judgment and the decree passed by the learned Civil judge (S. D.) at Valsad on 31/07/1978 in Special Civil Suit No. 111 of 1978 are under challenge in this Civil Appeal preferred by the original plaintiff under Sec. 96 of the Code of Civil Procedure, 1908 ("the Code" for brief ). It is needless to say that the suit came to be dismissed by the court below.

( 2 ) ). The facts giving rise to this Appeal are not many and not much in dispute. The appellant claimed to be the tenant of the premises comprising of the first "gala" from the western side of the house known as "ratan Bhavan" bearing City Survey No. 4871-B and situated at Tithal road, Valsad ("the Suit Premises" for convenience ). According to him, defendant No. 2 was his nephew, and was residing with the former from his age of 3 years. It is the case of the appellant herein that in or around 1956 he was transferred from Valsad to Malegaon and thereafter his brothers and other members of his family were residing in the suit premises and defendant No. 2 also resided therein as his dependant. It may be mentioned at this stage that the appellant herein claims to have taken the suit premises on lease in his