JUDGMENT: The preliminary issue regarding jurisdiction is raised in this appeal and that issue as well as other issues that arise will be dealt with.

2. According to the respondent/ plaintiff, the suit property belonged to one Ponnurangem Pillai who died in the year 1952 leaving behind three sons and the wife of a predeceased son. He executed a will on 29.8.1940, bequeathing his properties to his wife and the four persons above named. The beneficiaries effected a partition amongst themselves on 17.5.1979. The suit property is located in Cadastre Nos.159 and 159 Bis. This share was allotted to Pandurangam, Ponnurangam’s son. On 19.2.1981, the respondent purchased the property from Pandurangam. The suit property in which there are coconut groves, was orally leased out to one Dhanusu Pillai and his sons. These lesses subleased the property to a number of tenants, one of whom was the appellant’s father Muruga Gramany alias Murugesa Gramany. The arrangement commenced in the year 1959 and after the original tenant’s death, his son the appellant continued in possession. The respondent called upon the appellant to vacate the premises, but the appellant proceeded to put up construction witho

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