1. The above appeal has been filed against the order dated 20.1.1983 made in A.S. Nos. 138,139 and 140 of 1981 on the file of the District Judge, Kanyakumari at Nagercoil with in its turn came to be filed against the order dated 12-11-1981 in E.A. No. 598 of 1980 in O.S. No. 525 of 1970 on the file of the principal Listriet Munsif, Nagercoil.

2. O.S. No. 525 or 1980 was filed by Bagavathi Ammal and Krishnammal for recovery of the property from the lessees, namely, B. Vallinayagam and B. Velu Pillai and other defendants who claimed under defendants 1 and 2. The basis or the suit was that the lease of a vacant land was granted on 9.2.1109 M.E. which was executed in favour of the mother of the plaintiffs referred to above. Under the lease deed, the lessees were permitted to construct buildings on the vacant land there was a provision to receive the value of it while surrenderimg possession. The said suit was filed on the ground of arrears of rent and for own occupation. On 26.10.1972, the trial Court decreed the suit holding that the value of the building was Rs. 2,854/and recovery of possession was granted subject to the payment of the said value.

3. At that stage, the firs