1. The above appeal is against the judgment and decree made in A.S.No. 32 of 1994 on the file of the Subordinate Judge, Gopichettipalayam dated 21.8.1995 which itself was preferred against the judgment and decree made in O.S.No. 265 of 1987 on the file of the District Munsif Court, Sathyamangalam. The plaintiff Valliammal who succeeded before the trial court but last before the first Appellate Court, is the appellant in this second appeal.

2. The plaintiff filed a suit for recovery of possession by making the following averments:

The suit schedule property as only a vacant site originally belonged to one Sivasubramania Sastriyar. Said Sivasubramania Sastriyar demised the property on lease in favour of one Kalianna Gounder for a period of one year on an annual rent of Rs.360. The first defendant is the brother of the said Kalianna Gounder. As per the agreement Kalianna Gounder has agreed to receive the amount to be paid by the landlord namely Sivasubramania Sastriyar as compensation for the superstructure to be put up by the lessee at the time of termination of the lease or eviction. The lease deed was executed by Kalianna Gounder in favour of Sivasubramania Sastriyar on