THAMBI ALIAS CHINNASAWMI PADAYACHI Vs. AVAYAMBAL

JUDGEMENT

(1.) The plaintiff sued for possession of a house alleging that the house was sold to him by one Meenakshi under Exh. C dated the 8 September 1897; that he leased it back to Meenakshi under Exh. A dated the 29 January 1903, that after Meenakshi's death, her daughter (the 1 defendant) executed a " rent deed " Exh. B dated the 6 September 1905, agreeing to rent the house for six months at a monthly rental of half a rupee and paid one month's rent, but subsequently failed to pay the rent and refused to give up possession.

(2.) The lower appellate Court has found that Meenakshi had no title to sell the house, that it belonged to her husband who is still alive though leading a wandering life, that the alleged sale (Exhibit C) was not for any purpose binding on the inheritance, but was intended as a shield against a creditor; that Exhibit A was executed in order to give an appearance of reality to Exh. C and that the 1 defendant is not in possession under the alleged letting, Exh. B, but as daughter of the absent owner of the house.

(3.) In the second appeal it is contended for the plaintiff that the 1 defendant having executed Exhibit B and paid one month's rent cannot now resist the plaintiff's suit for possession, even though it has been found that the plaintiff had no title.