MUTHIAH PADAYACHI Vs. MUTHUSAMY

JUDGEMENT

(1.) THE second appeal has been filed against the judgment and decree, dated 24.07.1995, made in A.S.No.65 of 1987, confirming the judgment and decree of the District Munsif, Mettur, dated 11.02.1987, made in O.S.No.9 of 1981

(2.) FOR the sake of convenience, the parties in the appeal are referred to as they have been arrayed in the original suit in O.S.No.9 of 1981.

(3.) IN the written statement filed by the defendant it has been stated that the plaint filed by him in O.S.No.880 of 1973, on the file of the Sub Court, may be read as part of the written statement filed in the present suit. The plaintiffs did not disclose the actual debts and the defendant had to file a suit in O.S.No.880 of 1973, seeking for the return of the amount paid by him. 5.1. It has been further stated that the defendant is a cultivating tenant, who had been duly recognised as per the records of rights maintained at the Taluk office. The plaintiffs are not entitled to possession. The defendant cannot be evicted, as he is a cultivating tenant and the plaintiffs are not entitled to mesne profits as prayed for in the suit.