The unsuccessful plaintiffs, who lost in both the courts below, are the appellants.

2. The case in brief is as follows:- The plaintiffs filed a suit for recovery of possession as well as Rs.1740/= towards damages for use and occupation from 01.02.1987 and directing the defendant to pay Rs.200/= per month from the date of suit till delivery of possession as future damages. The house and the premises bearing door No.10 (old No.35), Veeraswami Pillai street, Madras-1 belonged to P.V.Ramasamy Naidu, father of the 1st plaintiff, who had purchased the same out of his self acquisition and enjoyed it solely and absolutely. He had bequeathed the property in favour of the 1st plaintiff as well as the 2nd plaintiffs, his daughter-in-law under a Will dated 08.12.1957. The plaintiffs also obtained probate in O.P.No.162 of 1964 and later converted into T.O.S.No.3 of 1965 and got a probate on 09.03.1967. The defendant sought permission of the plaintiffs in 1970 to occupy a portion of the premises, who is the brother of the 1st plaintiff. The defendant was allowed to occupy a portion of the premises more fully described in the schedule. The possession is only with the leave and licence