BIPINBHAI POPATLAL CHHANTBAR Vs. SURESHBHAI MOHANBHAI GHELANI

JUDGEMENT

(1.) The present Second Appeal is filed under Sec. 100 of the Code of Civil Procedure, 1908, challenging the judgment and decree dtd. 26/6/2025, passed by the 4th Additional District Judge, Amreli in RCA No. 4 of 2015, whereby the Appellate Court confirmed the judgment and decree dtd. 31/12/2014, passed by the 4 th Additional Senior Civil Judge, Amreli in Regular Civil Suit No. 183 of 2002.

(2.) For the sake of brevity, the parties are referred to as per their original status as in the Suit.

(3.) The brief facts giving rise to the present Second Appeal are that the plaintiff filed a suit for declaration and permanent injunction. The plaintiff's case is that the suit property was used by his father for more than 50 years under tenancy rights. Within the rented premises, there was an open compound adjacent to the suit-shop. The plaintiff avers that he used this open compound without any interruption for more than 50 years, conducting a business of painting and colour work and drying saris therein.