ANNAYYAN Vs. CHINNAN ALIAS MUNI VENKATA CHETTI

JUDGEMENT

(1.) We think that the decree of the District Judge is right.

(2.) The facts necessary for the purposes of this appeal may be thus stated:

(3.) The lands in dispute originally belonged to Pillanan who died in 1883. His brother, Venkatagiri, unlawfully took possession of them in 1884, and on his death possession passed to his son, Timaraya, who died in 1896, and the land then passed into the possession of the 1 defendant who was the illegitimate son of Timaraya by his kept woman, Sanjivammal. The possession by the 1 defendant and his father and grandfather was adverse to Yenkatasamy from 1884 onwards. That possession was held through a tenant, the 2nd defendant, who was the actual occupant of the land. On the 29 September 1900, Venkatasamy sold his interest in the land to the 3 defendant who induced the and defendant, who was the tenant in actual possession, to attorn to him. The attornment was in October 1900, and payment of rent by the 2nd defendant to 3 defendant was certainly made in February 1901, and afterwards. The 3 defendant thus obtained possession of the land in October 1900. In the same month the 1 defendant sold his interest to the plaintiff, and as the defendants Nos. 2 and 3 refused to give him rent or possession, he brought this suit for possession and mesne profits: