1. The Second Appeal is directed against the decree and judgment dated 29.11.1996 passed by the learned Additional Subordinate Judge, Mayiladuthurai, in A.S.No.31 of 1995, whereby the decree and judgment passed by the learned District Munsif, Mayiladuthurai, dated 13.01.1995 in O.S.No.741 of 1993, were set aside.

2. Sri Dharmapuram Adheenam Madam, the respondent herein, is the sole plaintiff and they filed a suit in O.S.No.741 of 1993 before the District Munsif Court, Mayiladuthurai against the deceased 1st appellant as the sole defendant for a permanent injunction restraining the defendant from interfering with their peaceful possession and enjoyment of the suit property. The brief case of the plaintiff was that they are under the control of the Tamil Nadu Hindu Endowments & Religious Department and the suit property, namely, coconut thope belongs to them and as per the rules governed by the HR & CE Department, they used to conduct auction for every three fasli years to collect the usufructs from the coconut thope. During the fasli years from 1397 to 1399, the defendant was given licence to collect the usufructs from the coconut thope and even after that fasli year, the