JUDGMENT :

Prayer: Second Appeal filed under Section 100 of CPC, 1908 against the judgment and decree dated 05.03.2007 made in A.S.No.36/2005on the file of the principal sub judge, Puducherry, reversing the judgment and decree dated 23.12.2003 made in O.S.No.500/2002 on the file of the court of the II Addl. District Munsif, Puducherry.

1. Challenge in this second appeal is made to the judgment and decree dated 05.03.2007 passed in A.S.No.36/2005 on the file of the Principal subordinate court, Puducherry, reversing the judgment and decree dated 23.12.2003 passed in O.S.No.500/2002 on the file of the II Addl. District Munsif Court, Puducherry.

2. For the sake of convenience, the parties are referred to as per their rankings in the trial court.

3. The defendants 4 and 5 in O.S.No.500 of 2002 are the appellants in the Second Appeal.

4. Suit for permanent injunction.

5. The case of the plaintiff, in brief, is that the defendants 1 to 3 are the owners of the suit property and they had leased out the suit property one Muttramkarar for cultivation, who in turn agreed to the pay the rent by way of giving 5 bags and 5 marakas of paddy every year and Muttramkarar was in the possession and enjoyment