1. The appellants 1 and 2 are the defendants in the suit filed by the respondents for a declaration of title and for recovery of possession of the suit property from the defendants with mesne profits and the arrears of rent.

2. Though the trial Court dismissed the suit filed by the respondents, the first appellate Court allowed the appeal and set aside the judgment and decree of the trial Court and decreed the suit. Hence, this second appeal.

3. According to the plaintiffs, the suit property was handed over by the plaintiffs to the defendants for lease on a monthly rent of Rs. 3 in January, 1977 and the defendants did not pay the rent from January, 1978 and despite the notice terminating the tenancy, they did not vacate nor paid the arrears of rent. Therefore, they filed the suit.

4. According to the defendants, they purchased the suit property from the original owner Maduthin Nadar, the husband of the first plaintiff in the year 1958 and they constructed a pucca building in the suit land and they have been in possession for about 25 years and therefore, the plaintiffs would not be entitled to seek for any relief.

5. During the course of trial, on the side of th