(Appeal filed under Section 100 C.P.C. against the decree and judgment dated 9.12.1994 made in A.S.No.60 of 1992 on the file of the Sub Court, Udumalpet setting aside the decree and judgment dated 30.4.1990 in O.S.No.649 of 1988 of the District Munsif of Udumalpet.)

The defendant is the appellant.

2. The plaintiffs/respondents are the legal heirs of one Thukkaiya Pannadi, who is the son of Palani Pannadi, who owned the suit property originally. After the death of Palani Pannadi, his heir Thukkaiya Pannadi rented the suit property orally to the defendant for a monthly rent of Rs.15/-. After the death of Thukkaiya Pannadi, the plaintiffs, as his legal heirs, though requested the defendant to vacate the premises, since he had failed to pay the rent, the defendant/appellant refused to do so claiming as if he had purchased the property orally from the father of the plaintiffs. On the basis of the above allegations, a suit came to be filed on the file of the District Munsif, Udumalpet for declaration of the plaintiffs' title to the suit property, for possession and for recovery of Rs.15/- as damage per month from the date of the plaint till the date of delivery of possession.

3.