THIRUVENGADA KONAN Vs. VENKATACHALA KONAN

JUDGEMENT

(1.) Mr. Justice Hannay and myself held in Somiammal v. Vellaya Sethurayan (1915) 29 M.L.J. 233 that where a landlord (A) is under an obligation to put his tenant (B) into khas possession of the leased land, he (A) is entitled to succeed in a suit in ejectment brought against a trespasser even if the suit was brought during the term of B s tenancy.

(2.) In this case, however, the plaintiff had put his tenant (the 3rd defendant,) into possession and hence had discharged his obligation as landlord to let the 3rd defendant into actual possession.

(3.) But the plaintiff has a reversion in the plaint lands and he might be said to have been dispossessed of that reversion when the defendants 1 and 2 took possession of the lands not only adversely to the tenant (the 3rd defendant) but claiming adversely to the plaintiff s reversion.