J.B. Pardiwala, J.

This second appeal under section 100 of the CPC is at the instance of the original defendant-judgment debtor and is directed against the judgment and order dated 3rd December, 2013 passed by the 4th Addl. District Judge, Rajkot in the Regular Civil Appeal No.65 of 2012 arising from an order passed by the Judge of the Small Cause Court, Rajkot dated 24th January, 2012 below Exh.1 in the Execution Petition No.2 of 2008.

2. It appears from the materials on record that one Zaverben Mavjibhai-original plaintiff being the owner of the suit property preferred a Regular Civil Suit No.117 of 1991 in the Small Cause Court at Rajkot for recovery of possession of the tenanted premises. The appellant herein was occupying the suit premises as a tenant.

3. By judgment and decree dated 17th March, 1998, the Regular Civil Suit No.117 of 1991 came to be allowed by the Small Cause Court. A decree of eviction was passed.

4. Being dissatisfied and aggrieved by the judgment and decree passed by the Small Cause Court, Rajkot, the original appellant herein preferred a Regular Civil Appeal No.29 of 1998 in the District Court at Rajkot.

5. It appears that on 13th November, 2000,. i.e