JUDGMENT :

PRAYER: Second Appeal is filed under Section 100 of Code of Civil Procedure against the Judgment and Decree passed by the learned Principal Subordinate Judge, Coimbatore made in A.S.No.49 of 2008 dated 11.08.2008 reversing the Judgment and Decree passed by the learned Principal District Munsif, Coimbatore made in O.S.No.2229 of 2006 dated 28.01.2008.

The plaintiff is the appellant before this Court. The Second Appeal is filed challenging the Judgment and Decree made in A.S.No.49 of 2008 by the learned Principal Subordinate Judge, Coimbatore reversing the Judgment and Decree of the learned Principal District Munsif, Coimbatore made in O.S.No.2229 of 2006.

2. The facts in brief, which are necessary for disposing of the above Second Appeal are as follows:

(i) It is the case of the plaintiff that he had purchased the suit property which is an extent of 0.51 3/4 ares of Punja lands comprised in S.No.504/2B of Pannimadai Village, Coimbatore North Taluk bearing Patta No.188 within the specified boundaries. The said property was purchased by the plaintiff from one Mrs.Teresa Simon, under a registered Sale Deed dated 26.11.2004 and under the Sale, his vendor has put him in possession and enjoyment of the property. Pursuant to the purchase, the plaintiff has also mutated the revenue records in his name. At the time of purchase, the suit property was being managed and looked after by defendants 1 and 2 for and on behalf of Teresa Simon, who is a permanent resident of Kerala.

(ii) The defendants 1 and 2, who are the neighbouring land owners, were very much interested in purchasing the suit mentioned property. After the plaintiff had purchased the property, the defendants 1 and 2 started interfering in his possession and enjoyment of the suit property. They started preventing the plaintiff from entering the suit property and carrying on with the agricultural activities. On 30.08.2006, he was physically prevented from entering into the property, however, the attempt failed with the help of neighbours. However, the defendants have threatened to continue with the obstruction. Hence, the suit.

3. The defendants 1 and 2 have filed a written statement in which they would contend that they have been inducted as a lessee in respect of the suit property by the uncle of Mrs.Teresa Simon, one Mr.Kumarasamy Gounder, under a Oral Lease Agreement, as early in the year 1979. At the time of entering the lease, the second defendant has paid a sum of Rs.20,000/- as rent for the entire period of 40 years.

4. Thereafter, Mr.Kumarasamy Gounder had sold the property to Mrs.Teresa Simon, the plaintiff's vendor and at the time of the execution of the sale in favour of Mrs.Teresa Simon, the lease in favour of the second defendant was informed and Mrs.Teresa Simon also acknowledged the lease in favour of the defendants. However, Mrs.Teresa Simon had started interfering with the possession and enjoyment of the property by the defendants. The second defendant; therefore had filed an application before the Coimbatore North Taluk Tahsildar and Record Officer in T.R.No.3/2004 to record him as a 'tenant' in respect of the suit property. Thereafter, the said Mrs.Teresa Simon had sold the property to the plaintiff solely with a view of evicting the second defendant under one pretext or the other.

5. The Learned Principal District Munsif, Coimbatore had framed the following issues:

6. The plaintiff had examined himself as P.W.1 and marked Ex.A1 to Ex.A4. On the side of the defendants, the second defendant had examined himself as D.W.1 and one A.Palanichamy as D.W.2 and marked Ex.B1 to Ex.B6 through D.W.1 and Ex.B7 to Ex.B10 through D.W.2. The learned District Munsif, ultimately decreed the suit as prayed for, against which, the defendants 1 and 2 have filed A.S.No.49 of 2008 on the file of the Appellate Authority, Coimbatore. The Appellate Court reversed the Judgment and Decree of the Trial Court and aggrieved by this Judgment and Decree, the plaintiff is before this Cour