1. This second appeal is directed against the judgment and decree of the learned Principal Subortinate Judge, Tirunelveli, in A.S. No.41 of 1983 dated 37. 1984 in confirming the judgment and decree of the learned District Munsif, Ambasamudram, in

O.S. No.984 of 1979 dated 30.4.1983.

2. The defendant is the appellant in the above Second Appeal. The plaintiff/respondent herein filed O.S. No.984 of 1979 contending that the suit house belongs absolutely to him, that the defendant had taken the premises on lease on a monthly rent of Rs.10 payable in every English calendar month, that inasmuch as there were arrears of rent, the plaintiff filed a suit in O.S. No.617 of 1975, that in that suit the defendant contended that he was liable to pay only Rs.5 per month as per Tamil calendar month. The trial Court accepted the contention of the defendant and granted a decree for eviction. The defendant filed an appeal before the Sub-Court, Tirunelveli, in A.S. No. 177 of 1978 and the lower appellate Court allowed the appeal and agreed with the contention of the defendant that the rent was payable only as per Tamil Calendar month. Thereafter the plaintiff had sent lawyers notice to the d