Viswanatha Iyer, J

This appeal is filed by the defendant in O.S. No. 20 of 1981 on the file of the Subordinate Judge's Court of Tirur. The suit was one for recovery of possession of the property scheduled to the plaint with arrears of rent, after removing, at the defendant's expense, the structures and sawmill erected by the defendant on the property, and restoring the same to its previous condition; and if that were not permissible for any reason, to ascertain the value of the improvements made by the defendant and to direct surrender of possession to the plaintiff on depositing the a mount for payment to the defendant.

2. The plaintiff is the owner of the plaint schedule property. It was entrusted to the defendant on 1-12-1970 on a monthly rent of Rs. 100/-. The entrustment was for the purpose of the defendant's business of establishing and running a saw mill in the premises. The term of the lease was three years. At the end of the said period, the defendant was to vacate and surrender possession after removing the structures and saw mill at his expense or after being paid the value of the improvements as determined by mediators, without any demur or objection. If, how