The defendant in O.S. No.1516 of 1978 on the file of the District Munsif’s Court Coimbatore who succeeded before the trial court but lost before the learned first appellate Judge is the appellant in the above second appeal. The respondent’ plaintiff filed the suit before the trial court for permanent injunction against the defendant/ appellant from altering the superstructure and attempting to put up a pucca masonary construction with a foundation. The case of the plaintiff before the trial court was that the plaintiff temple was the owner of the vacant site with the building in O.S. No.545/3 in Coimbatore town, that it was leased but to the defendant on a monthly rent of Rs.3 payable on the first of every English calendar month, that the defendant being a tenant has no right to remove the superstructures on the property but in spite of all these the defendant suddenly removed the tiled structure and attempted to put up a pucca masonary construction necessitating the filing of the suit. The defendant in the written statement contended that what was leased out was only the vacant site and the superstructure thereon belonged to the defendant and the owner of the superstruct