AYYANAN Vs. PECHI AND ANR.

JUDGEMENT

(1.) THIS is an appeal by the second defendant in a suit which was filed before the learned District Munsif of Melur on 2nd January, 1958, for injunction restraining the defendants from interfering with the possession of the plaintiff. The suit was dismissed by the trial Court on the ground that the plaintiff had not proved her possession on the date of the suit. But on appeal preferred by the plaintiff this finding was reversed and the learned Subordinate Judge found that the plaintiff was in possession on the date of the suit, and was still in possession.

(2.) DURING the pendency of the appeal before the learned Subordinate Judge, the first defendant is alleged to have created a lease in favour of the second defendant. On behalf of the second defendant it was pleaded that he was not liable to be evicted by virtue of the provisions of the Madras Cultivating Tenants' Protection Act, XXV of 1955. The learned Subordinate Judge without discussing this point at length held that the title of the lessee could not be higher than that of the lessor, and when the lessor was liable to be evicted, so too the lessee, the second defendant.

(3.) THE appeal fails and is accordingly dismissed.