1. The 1st defendant in O.S.No.404 of 1978 on the file of Sub-Court, Coimbatore is the appellant in the above second appeal. The 1st respondent herein, the plaintiff filed the above suit for declaration of his title to the suit property and for delivery of possession and mesne profits both past and future.

2. The case of the plaintiff as per the plaint averments are as follows:- The plaintiff is the owner of the suit property and the second defendant has been a tenant in possession of the property for the past thirty years. The rent of Rs.300 which was originally paid was enhanced to Rs.400 from 1965. According to the plaintiff, the 1st defendant lays claim to the suit property taking advantage of the litigations pending between the plaintiff and the 1st defendant in respect of trusteeship. The 2nd defendant has paid rent for the period upto 19. 4. 1969 and the rent from 20.4.1969 is due. The plaintiff claims arrears of rent for three years. The 2nd defendant denied the plaintiff’s title to the suit property and hence both the defendants were impleaded.

3. The 1st defendant filed a written statement wherein it is contended that the plaintiff has been a trustee of the