1. The Plaintiff, who was successful before the trial court and unsuccessful before the first Appellate Court, has preferred the present Second Appeal. The appellant as plaintiff had instituted the suit O.S. No. 232 of 1979 on the file of the District Munsif Court, Madurai Town on 27th January 1979 against the respondent (1) for recovery of possession of the suit property and (2) for recovery of Rs. 1600/- towards arrears of rent and damages with subsequent interest at 6% per annum from the date of plaint till the date of realisation. According to the plaintiff the suit property is a vacant site used as a drying yard without any roofing was leased out to the defendant on a monthly rent of Rs. 50/- payable according to English Calendar month, that the defendant committed default in payment of rent since 1st July 1975 and the plaintiff is entitled to arrears of rent from 1st July 1975 till 31st January 1977, on which date the tenancy was terminated and for damages for use and occupation from 1st February 1977 onwards. The plaintiff also specifically pleaded that the suit property being a mere drying yard without any roofing is not a building as defined in the Tamil Nadu Bu