1. The above second appeal has been filed against the judgment and decree of the learned Subordinate Judge, Mayiladuthurai reversing the judgment and decree of the learned District Munsif, Sirkali dated 211. 1980 in O.S.NO.95 of 1977.

2. The suit O.S.No.95 of 1977 was filed by the respondent Mutt praying for permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the suit, properties by the plaintiff, and in the alternative if it is found by the Court that the plaintiff was not in possession on the date of the suit for recovery of possession. The claim of the plaintiff in substance was that the suit properties have not been leased out to anyone and the defendants were not in possession of the suit properties as tenants much less cultivating tenants. The defendants have filed a written statement and it was contended that the suit properties have been let out to the first defendant’s father for planting and rearing fruit bearing trees and also cultivation of dry crops, that the first defendant’s father had planted and raised tamarind and mango trees besides chillies and other Vegetable crops and has been taking the profi