1. The defendant is the appellant, who has filed this Second Appeal aggrieved over the decree and judgment dated 08.10.2001 passed by the learned Additional District Judge, Nagapattinam, in A.S.No.4 of 2001, whereby the decree and judgment dated 02.08.2000 passed by the learned Principal Subordinate Judge, Nagapattinam, in O.S.No.238 of 1998 were set aside.

2. The deceased 1st respondent and the 2nd respondent herein as the plaintiffs filed O.S.No.238 of 1998 on the file of the Principal Sub Court, Nagapattinam, against the appellant herein (defendant therein) to quit and deliver vacant possession of the schedule mentioned property to the plaintiffs and also to direct the defendant to pay damages for use and occupation to the plaintiffs with regard to the suit property at the rate of Rs.5,000/- per month from the date of legal notice dated 04.11.1995 till the date of plaint and thereafter, at the rate of Rs.15,000/- per month from the date of plaint till the date of handing over the vacant possession of the schedule mentioned property to the plaintiffs.

3. The facts of the case in a nutshell are as follows:

One late Dakshinamoorthy, the husband of the 1st plaintiff and t