Judgment

KASLIWAL, J. :- This appeal by grant of special leave is directed against the judgment of the Madras High Court dated 2-4-1980. The Hazarath Syed Shah Mian Sakkaf Khadiri Thaikal through trustee S. S. Peeran Sahib (hereinafter referred to as the plaintiff) filed a suit on 15-9-1967 for possession of a plot of land measuring 124 X 20 situated in the town of Tanjore. The original tenant was M. Ramaswamy Pillai who is now dead and is represented through his legal representatives who are the appellants in the present appeal. The plaintiff brought the suit on the allegation that the defendant took the suit property on lease for a period of 2 years from 1-2-1975 on a monthly rent of Rs. 10/- and executed a rent deed on 17-11-1955. It was further alleged that the defendant was in occupation. of the site as a tenant ever since 1-2-1955 and after the expiry of the period of 2 years fixed in the rent deed, the defendant was continuing as a tenant holding over on the same terms. The defendant raised a superstructure on the land in suit. Till October, 1966 the superstructure was made up of mud walls and thatched roofing. But suddenly, the defendant renewed the roofing of the front port