This second appeal has been brought forth by the plaintiff in a suit for recovery of possession and other reliefs from the judgment of the learned Principal District Judge, Tirunelveli, made in A.S.No.140/90, which arose from the judgment of the learned Principal Subordinate Judge, Tirunelveli, made in O.S.No.7/89.

2. The plaintiff Kemalamuthu Charities, Tirunelveli, represented by its Manager, sought for the relief of recovery of possession of two items of immovable properties mentioned in Schedules I and II to the plaint along with damages for the acts done by the defendants and also the damages for the use and occupation of the property on the following allegations:

The properties mentioned in the plaint Schedules belonged to the plaintiff. The Tamil Nadu Act 18/60 is not applicable to the suit properties. The first defendant took the I Schedule of property on lease in the year 1960. There were proceedings between the plaintiff and the first defendant, wherein it was held that the Tamil Nadu Act 18/60 was not applicable to the suit properties. The II Schedule of property was not the subject matter of the lease in favour of the first defendant. The first defendant was p