1. Challenging the correctness of the Judgment and Decree dated 26.02.2002 and made in A.S.No.87 of 2001, on the file of the learned III Additional District Judge at Pondicherry, modifying the Judgment and Decree dated 31.08.2001 and made in O.S.No.142 of 1996, on the file of the learned III Additional District Munsif, Pondicherry, the defendant has preferred this second appeal.

2. The facts, which giving rise to the memorandum of second appeal, are recapitulated as under:

The original legal status of the parties to the suit in the trial court need not be changed and may herein after be referred as it is in the suit.

The suit in O.S.No.142 of 1996 has been filed by the plaintiffs, who are the respondents herein as against the defendant, who is the appellant herein for the following reliefs:

1. declaring that the plaintiffs are the absolute owners of the suit property,

2. directing the defendant to vacate and hand over the vacant possession of the suit property,

3. passing a decree for a sum of Rs.930/- towards arrears of rent,

3. The plaintiffs are the sons of one Kannappa Nayakar. He had demised long before. The land measuring 40.00 Ares, comprised in Cadastre No.30 and Re-