Judgment:-The defendant is the appellant. The suit was filed for a mandatory injunction directing the defendant to demolish the construction put up unauthorisedly in the plaint schedule property, premises No. 124/125, Sami Naicken Street, Chintadripet, Madras, and to level the ground restoring it to its original condition and also for directing the defendant to quit and deliver vacant possession of the plaint schedule property. According to the plaintiffs, they came to know about two months prior to the filing of the suit that the defendant had started putting up new construction in the open space reserved by the plaintiffs for putting up shops. This act of the defendant, according to the plaintiffs was unauthorised and illegal on his part, and he has no right or authority to put up construction in the open space reserved by the plaintiffs for constructing a market. The defendant, inter alia, contended that according to the tenancy created in the year 1926 he has put up structures and constructed buildings to suit his purposes in the portion allotted to him and that he never put up any construction in the open space as alleged by the plaintiffs. According to him, the open space is

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