JUDGEMENT :- The first defendant in O.S. No. 30 of 1962, on the file of the District Munsif's Court. Thanjavur, is the appellant in this civil miscellaneous second appeal. The second defendant is no other than the mother of the first defendant. The plaintiff, Hazarat Saiyed Shah Mian Saheb Kadiri Thaflkkal. represented by its trustee Ismat Pasha Sahib, laid the suit for recovery of vacant possession of the suit land from defendants 1 and 2 after removing the superstructure put up thereon by them. alleging, inter alia, that the plaintiff is the owner of the site described in the plaint schedule, that one Muthayya Pillai and the second defendant executed a rent deed in favour of the then trustee, C.S. Peeran Sahib, on 20-12-1934. for occupation thereof, agreeing to pay a monthly rental of Rs. 5, that the period fixed waft five years, that although the period fixed in the lease deed expired long ago, defendants 1 and 2 are continuing in possession thereof, that they have sublet the property in favour of the third defendant that defendants 1 and 2 put up a superstructure on the site and that under the terms of the lease deed, the lessees have to surrender vacant possession of the site

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