1. This is an appeal against the order of a learned Single Judge of the High Court of Madras dismissing an application under Art.226 of the Constitution of India. The appellant is the owner of R. S. No. 125/7 in Thaikad Amsam, Ponnani Taluk. His house is situated in the adjacent land, R. S. No. 125/12. Both these survey numbers, R. S.125/7 and 125/12, are enclosed by one fence all round and form part of the compound in which the appellant's house is situated. But a portion of R. S.125/7 has been leased by the appellant to one Appu for the purpose of conducting a school, known as the Thaikad South Higher Elementary School. There is a dispute between Appu and the appellant as to who put up the school building in R. S. No. 125/7 and to whom that building belongs According to the appellant, the building was put up by him and belongs to him and Appu has been allowed only the use of it. According to Appu the building has been put up by him and belongs to him. This dispute has led to a civil suit between them, and we were told at the time of the hearing of this appeal that the said suit is now pending in second appeal in the High Court. While that suit was pending in the trial