First defendant in O.S.No.43 of 1991 on the file of Sub Court, Tuticorin is the appellant herein.

2. Suit filed by plaintiffs is one for eviction of defendants and for damages for use and occupation on the following allegations:

Plaintiffs purchased the plaint property as per two sale deeds dated 11. 1967 from its previous owners. At the time when they purchased the property, there was a mortgage and the same was also redeemed on 10. 1972. Even at the time of sale, first defendant was in possession of property on the basis of registered lease deed dated 212. 1957 and the period of tenancy as per the lease deed was from 1. 1958 to 35. 1966 on a monthly rent of Rs.40. Lease deed further provided that lease is liable to be renewed if lessor so agrees on a monthly rent of Rs.45. But first defendant did not obtain any lease deed nor lease arrangement was renewed thereafter. It is further averred that after first term of renewal of lease deed ended on 35. 1976, first defendant is liable for damages for use and occupation at the prevailing market rate from 6. 1976. But plaintiffs are claiming damages only from 1. 1987 to 310. 1989, though arrears are payable from 10. 1972. It is