8.That the plaintiffs are the owners of the suit properties is not in dispute. According to the plaintiffs, as detailed in the plaint, the suit properties had been entrusted to Goundey Gounder on agency basis on certain terms. After his demise, the defendants had taken over the possession and enjoyment of the suit properties. The defendants disputed the abovesaid arrangement put forth by the plaintiffs with reference to their possession and enjoyment of the suit properties and according to them, only on the basis of the lease deed, Goundey Gounder and they are in the possession and enjoyment of the suit properties. In such view of the matter, when the defendants, in particular, have taken the plea that pursuant to the lease deed or lease agreement dated 13.04.1952, Goundey Gounder and they are in the occupation and enjoyment of the suit properties as the lessees and when the same is repudiated by the plaintiffs, as determined by the Courts below, the defendants should, at the foremost, establish that they are the lessees of the suit properties as put forth by them and that, they are not in the occupation and enjoyment of the suit properties on the basis of the agency arrangement projected by the plaintiffs. The lease deed projected by the defendants had not been produced. Further, when it is found that the defendants have not come forward with any specific case as to terms of the lease projected by them and when there is no material placed on their part, they had paid any lease to the plaintiffs in respect of the suit properties at any point of time, in all, it is found that the Courts below are found to be wholly justified in rejecting the abovesaid plea of lease arrangement projected by the defendants and accordingly, determined that Goundey Gounder and after his demise, the defendants are in the possession and enjoyment of the suit properties only as per the agency arrangement as put forth by the plaintiffs and accordingly, further held that the defendants are liable to pay appropriate damages to the plaintiffs, qua, the profits derived by the defendants from the suit properties.
