MAHARAJAN, J. :- This appeal is directed against the judgement of Ganesan, J. under the following circumstances. In O. S. No. 176 of 1111 on the file of the court of the Additional District Munsif Kuzhithurai, the first plaintiff obtained a decree for eviction against the respondents, their tenants. This decree was granted on 7th Dhanu 1124 (21-12-1948). As per the decree, the landlord (plaintiff) was liable to pay the tenants 280 fs. 1 ch. and 2 ca, on account of the value of improvements effected by them and the tenants were liable to pay the landlord michavaram or rent at the rate of 190 is per annum upto the date of recovery of possession or three years from the date of the decree, whichever was earlier. Three years later, the first plaintiff filed E. P. 110 of 1951 after depositing into court 280 fs. 1 ch and 2 ca. In this execution petition he prayed for recovery of possession of the property and also for recovery of the michavaram due by the tenants for three years from the date of the decree at the rate of 190 fs. per annum. The tenants failed to pay the michavaram due by them. E. P. 110 of 1951 was pending for sometime.

Due to an injunction granted in another suit