1. Theparties in the appeal and the suit are one and the same.

2. Pursuant to the directions of the Supreme Court in C.A.No.2825 of 1996, both the second appeal and the suit have been taken up for joint hearing.

3. The second appeal is against the judgment of learned Principal Judge, City Civil Court, Madras in A.S.No.260 of 1994 in reversing that of the judgment and decree of learned I Assistant Judge, City Civil Court, Madras in O.S.No.10893 of 1989. The plaintiff in the said O.S. is the appellant before this Court.

.4. Theplaintiff filed the said suit in O.S.No.10893 of 1989 for permanent injunction restraining the defendant from demolishing any portion of the suit property, contending that the suit property belongs to him absolutely and the defendant was inducted into possession of the property as a tenant in the hut of the suit property on a monthly rent of Rs.8. R.C.O.P.No.3112 of 1969 was filed before the Rent Controller, Madras for eviction on the ground of demolition and reconstruction. The eviction was ordered and proceedings became concluded before this Court in favour of the plaintiff, but, as the plaintiff had moved to U.S.A., he could not pursue the exec