CHELLADURAI Vs. ARAVIND

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 27.10.2005 in A.S.No.63 of 2004 on the file of Subordinate Court, Tiruvarur confirming the judgment and decree dated 23.4.2004 in O.S.No.16 of 2003 on the file of District Munsif Court, Mannargudi.

(2.) THE parties to the second appeal are referred to in their respective position before the trial court.

(3.) THE suit in O.S.No.16 of 2003 was contested by the defendant by filing written statement wherein it was his contention that the suit, as framed was not maintainable in view of the judgment and decree in O.S.No.64 of 2002. It was his further conten-tion that he had advanced a sum of Rs.22,000/- to the vendor of the plaintiff by name Ganesan and the said Ganesan had put him in possession of the property with liberty to enjoy the usufructs. According to the de-fendant the transaction was not an oral othi as he was only a tenant and he has been paying rent and his name was recorded as a tenant in pursuance of the proceedings dated 18.9.2003. In such circumstances, the defen-dant prayed for dismissal of the suit, as according to him he was entitled to the benefits of a tenant as per the provisions of the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969.Decree of trial Court:&#8209