1. The plaintiff who succeeded before the trial court and lost before the lower appellate court is the appellant in the second appeal. The suit properties are two in number. They are 1.60 acres of wet lands in R.S.No.41/6 and 0.52 acre of wet lands in R.S.No. 42/3, totally of an extent of 12. acres in Pavattakkudy Village, Nannilam Taluk, Nagapattinam District.

2. The suit was filed on 5. 1995 by the appellant against the respondents for a permanent injunction restraining them, their men, servants, agents, etc. from interfering with his peaceful possession and enjoyment of the suit properties or trespassing upon the same till the appellant was evicted by the competent court under due process of law.

3. The material averments in the plaint are as follows:

The second respondent was in possession and enjoyment of the suit properties for the past several years under some sale agreement with the five sons of one Varadarajan. Under Ex.A-1 dated, 15. 1991 there was a lease agreement entered into between the second respondent and the appellant as per the provisions of the Tamil Nadu Cultivating Tenants Protection Act (Act 25 of 1955), as per the terms of which it was agreed