JUDGMENT :- This is a second appeal which has been preferred against the decree and judgment of the learned Subordinate Judge of Coimbatore in A.S. No. 50 of 1953, confirming the decree and judgment of the learned District Munsif of Gobichettipalayam in O.S. No. 543 of 1950.

2. The facts are : The first plaintiff purchased the suit property, a vacant site with a Salai thereon, along with other properties from his sisters, who are the widows of one Madhae Goundan under Ex. A-1 dated 4-4-1934. The plaintiffs case is that after the purchase the disputed property remained vacant, that the first plaintiff put up a salai thereon in 1936 and after that his farm servants used to be housed therein.

The first defendant occupied the property in 1945 as one of the farm servants. Subsequently, he left the service of the first plaintiff. He did not vacate the salai and site. Therefore, this suit has been filed for a declaration, possession and mesne profits. The first plaintiff died pending suit and his legal representatives have been brought on record as plaintiffs 2 and 3 by order dated 9-4-1952.

3. On coming to court the contention raised by the defendants, who are now occupying the pro