JUDGMENT

This second appeal is filed as against the judgment and decree dated 30.09.1996 passed in A.S.No.149 of 1995, by the Sub Judge, Kulithalai confirming the judgment and decree dated 11.09.1991 passed in O.S.No.33 of 1991 by the District Munsif, Kulithalai.

2.For the sake of clarity and convenience the parties are referred to as per their respective ranking before the trial Court.

3.The plaintiff / appellant filed a suit for possession of B-Schedule property and for mandatory injunction, directing the defendant / respondent to remove the C-schedule property constructed on the B-Schedule property and for the future profits from the date of plaint till the date of recovery and possession.

4.The case of the plaintiff in brief is as follows:

(i)The plaintiff temple is the owner of the suit property to an extent of Acre 1.45 cents in Survey No. 718, Kadambaneswarar Temple Village, Kulithalai Taluk and it is a Nanja land, which is situated on the Karur – Trichy main road. The defendant is the tenant of that agricultural land. The lease is for Rs.12.50 per cent per fasali year. The land was leased out for cultivation purpose and it is subsisting from the year

1982.

(ii) While so, the defen