The second appeal arises out of the judgment and decree dated 26.03.2004 in A.S.No.153 of 2003 on the file of the Principal Sub-Court, Mayiladuthurai, confirming the judgment and decree dated 10.03.2003 in O.S.No.207 of 1999 on the file of the Principal District Munsif Court, Mayiladuthurai.

2.The averments made in the plaint are as follows:-

(i)The defendant is running a flour mill in the building owned by the plaintiff situated in 'A' schedule property by paying Rs.300/-per month as per the agreement dated 04.10.1994. The plaintiff has filed a suit in O.S.No.171 of 1998 on the file of the District Munsif Court, Mayiladuthurai for a direction to the defendant to pay a sum of Rs.10,500/-towards rent from 01.02.1995 to 31.12.1997 and that suit is pending. After filing that suit, the defendant has paid part payment and then the defendant defaulted in his payment from 01.01.1998. Moreover, the defendant constructed a mill by encroaching upon the land of the plaintiff in A schedule property without obtaining permission from the Commissioner, Kuthalam and the same is 'B' schedule property.

(ii)Further, the plaintiff filed a suit in O.S.No.915 of 1995 for declaration that the de