Judgment

SUBBA RAO, J. : These two appeals on certificate raise the same points and. arise out of a common order made by the High Court of Judicature of Madras in Writ Petitions Nos. 829 and 830 of 1960. Both of them may conveniently be disposed of together.

2. The facts in Civil Appeal No. 228 of 1962 are briefly as follows: The first appellant is a limited company carrying on transport business. The second appellant is its managing director. The first appellant took over the business of Swami Motor Service Company, of which the second appellant was the Managing Partner. In his capacity as Managing Partner of the said company, the second appellant took a lease of a vacant site, being survey No. 2770, belonging to the first respondent. After the first appellant took over the business of the said partnership company, including its leasehold interest in the said site, the first respondent recognized him as his tenant and was receiving the rent from him. It is alleged that the appellants constructed many valuable structures on the said site. The first respondent i.e., Sri Sankaraswamigal Mutt through its trustee, filed a suit, O. S. No. 103 of 1953, in the Court of the district Munsif T