(Prayer:- This Second Appeal is filed against the judgement and decree dated 3.1.1995, made in AS.No.76/1993, on the file of the Subordinate Judge, Villupuram, confirming the judgement and decree made in OS.No.855/1985 dated 3.12.1992, on the file of the District Munsif, Tirukoilur.)

1. The Plaintiff, who succeeded before the trial court, but lost his case before lower appellate court, is the appellant in this second appeal.

2. The appellant herein filed the suit in OS.No.855/1985, before the District Munsif, Tirukovilur, for eviction against the 1st respondent herein. In the said suit, the 1st respondent filed a Written Statement denying the title of the appellant herein and stated that he was the tenant under the 2nd respondent herein and thereafter, the 2nd respondent herein came to be impleaded in the said suit and the said suit was decreed by the trial court. The appeal filed as against the same in AS.No.76/1993 before the Subordinate Judge, Villupuram, by the 2nd respondent alone was allowed, setting aside the judgement and decree of the trial court and no first appeal has been filed by the 1st respondent herein. Aggrieved by the judgement and decree of the lower ap