JUDGMENT (ORAL)

The appellant-original plaintiff has preferred this Second Appeal under Section 100 of the Code of Civil Procedure against the judgment and decree passed by the District Court, Surendranagar, dated 19.06.1996 in Civil Appeal No.21 of 1992, whereby, it was held that the plaintiff-appellant is tenant having exclusive tenancy rights pertaining to suit shop and rest of the prayer for permanent injunction came to be rejected by the Appellate Court, the plaintiff-appellant has preferred the present Second Appeal.

2. The appellant is the plaintiff and the respondents are the defendants before the Trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them i.e. of the plaintiff and the defendants.

3. The appellant - original plaintiff had instituted a Regular Civil Suit No.287 of 1985 against the respondents-original defendants herein, inter alia, praying for declaration and for permanent injunction in respect of the shop situated near Gate Station, Surendranagar. It was the case of the plaintiff that he was a tenant of the suit shop and subsequently he entered into partnership firm with defendant Nos.1 and