1. The plaintiff-decree holder is the appellant herein. The Second Appeal is filed against the judgment and decree dated 6.4.2000 made in A.S.No.19 of 1999 on the file of the Additional District Court, Pondicherry at Karaikal reversing the order dated 28.7.1999 made in E.A.No.427 of 1998 in E.P.No.20 of 1997 in O.S.No.215 of 1995 on the file of the Principal District Munsif Court, Karaikal.

2. The appellant herein filed O.S.No.215 of 1995 against the respondents 2 and 3 herein as the defendants 1 and 2 and the suit was after due contest by the second defendant, decreed as prayed for by directing the defendants to surrender vacant possession of the suit property to the plaintiff after dismantling the superstructure and to pay arrears of rent and future menses profit at the rate of Rs.5/- per month till date of actual delivery of the suit property. Aggrieved against the same, the second defendant preferred appeal along with an application to condone the delay in filing the appeal. Section 5 of the Limitation Act petition was dismissed and hence, the decree of the trial court has become final and binding on the parties to the suit. Thereafter, the plaintiff-decree holder fil