The fourth defendant in the original suit is the appellant in the second appeal. The suit was originally filed by the deceased first plaintiff Jacob for recovery of possession and damages for use and occupation in respect of the suit property, namely the building bearing Door No.20/1, Perumal Koil Garden, 6th Lane, Sowcarpet, Madras 600 079 comprised in Old S.No.3668 and ReS.No.7854. The suit was filed against all the 7 respondents arraying them as Defendants 1 to 7. The first respondent/first defendant Muthammal is the mother of the other respondents, namely Defendants 2 to 7. Contending that Muthammal was the tenant in respect of the suit property and other defendants being members of the same family were residing together with the first defendant Muthammal; that following due process of law, the deceased first plaintiff Jacob filed a Rent Control Original petition before the Rent Controller, got an order of eviction, executed the eviction order and thus got delivery of possession of the suit property on 04.05.1994 and that within a day thereafter, namely on 05.05.1994, the defendants trespassed into the property, the deceased first plaintiff Jacob filed the suit in O