V. Sethuraman, J.

1. The second appeal has been filed by the defendant in O.S. No. 395 of 1973 in the Court of the District. Munsif, Mannargudi. The plaintiff is the trustee of Sri Subramania Swamy, Temple and its Nandavanam Kattalai, Needamangalam. The suit lands, which belongs to the said temple, were leased out to one Raghurama Thondaman, brother of the defendant. As he fell in arrears of rent, the plaintiff instituted eviction proceedings against Raghurama. During the pendency of that petition, Raghurama and the plaintiff were said to have entered into a compromise, as a result of which, Raghurama surrendered possession of the lands. According to the plaintiff, he has been carrying on personal cultivation of the suit lands thereafter. As there was some threat of interference in the cultivation of the lands by the plaintiff, the plaintiff has come forward with the suit. According to the plaintiff, Raghurama has set up the defendant, his brother, to give trouble to the plaintiff.

2. The averments in the plaint were denied in the written statement filed by the defendant. The jurisdiction of the civil Court to go into the question of tenancy was also challenged.

3. The learned