1. This Civil Miscellaneous Appeal is filed by the first defendant against an

order of remand passed by the first appellate court. The plaintiff claimed to be

in possession of the plaint schedule property as a lessee from one Viswanathan

the husband of the first defendant and father of the second defendant. According

to the plaintiff defendants 1 and 2 along with others trespassed into the

property in his possession on 3 51970 and committed waste by cutting down trees.

According to him he is entitled to be in possession and the defendants have no

right to interfere with his possession On these allegations on the basis of his

title as a lessee he sued the defendants to recover possession. Defendants 1,2

and 4 contested the suit. According to defendants 1 and 2 the property belonged

to the above mentioned Viswanathan and on his death defendants 1 and 2 came into

possession and while so entered into an arrangement for sale of the property to

the fourth defendant and on receiving a major part of the consideration allowed

him to enter the property.

They denied that the plaintiff was ever a lessee of the property and that he was

put in possession as alleged by him. After the e