1. This second appeal is focussed by the defendant, animadverting upon the judgement and decree dated 29.01.2010 passed by the learned Additional Subordinate Judge, Mayiladuthurai in A.S.No.2 of 2008 confirming the judgment and decree dated 28.11.2007 passed by the learned Principal District Munsif, Sirkali in O.S.No.245 of 2002.

2. The parties are referred to here under according to their litigative status and ranking before the trial Court.

3. Heard both sides.

4. The facts giving rise to the filing of this second appeal would run thus:

a) The plaintiff filed the suit O.S.No.245 of 2002 seeking the relief of eviction and for assessment of damages for use and occupation of the premises by the defendant.

b) Written statement was filed by the defendant resisting the suit.

c) Whereupon issues were framed. On the side of the plaintiff, the husband of the plaintiff- one Ravichandran examined himself as P.W 1 and Exs.A1 to A5 were marked. The defendant/Shanmugam examined himself as D.W.1 and Exs.B1 and B2 were marked.

d) Ultimately the trial court decreed the suit. Being aggrieved by and dissatisfied with the same, appeal was filed by the defendant for nothing but to be dismi