Defendant in O. S. 353 of 1994 on the file of First Additional District Munsif Court, Pondicherry is the appellant herein.

2. Suit filed by predecessor of respondents was one for decree for mandatory injunction against appellant, directing removal of waste materials accumulated in the suit property and for permanent prohibitory injunction restraining appellant from using suit property for storing cow dung and for accumulation of night soil in the suit property.

3. Parties herein will be referred to according to their rank in the suit.

4. Plaintiff and his family members are residing in the suit property from the year 1959 as lessees under Puduvai Saram Sri. Muthuvinayagar Nagamuthu Mariamman Devasthanam, after executing lease agreement dated 17-9-1959. In 1959, rent for suit property was fixed as Rs. 3/-. Subsequently, the rent was enhanced to Rs. 9/- and at present plaintiff is paying rent at the rate of Rs. 20/- per month. As per lease agreement, plaintiff is enjoying suit property to an extent of 30 feet north-south and 90 feet east-west. In the front portion, plaintiff had put up superstructure and the back portion was kept vacant and the same was used by plaintiff's f