GOPAL KRISHNAN NAIR, J.

( 1 ) THIS is a plaintiffs Second Appeal directed against the judgment and decree of the learned District Judge, Chittoor who affirmed the decision of the District Munsif, Tirupati. The facts that lead up to this Second Appeal lie in a brief compass. The suit property belonged to Hathiramjee Mutt. That Mutt leased it to the plaintiff. While the plaintiff was thus in possession of the property, he granted a sub lease of the suit site and a house thereon to the defendant under Ex. A. 1 dated 2-10-1957. This sub lease was to expire on 30-9-1958. On 22-5-1958, the house was destroyed by fire. Soon after, the defendant sub-lessee appears to have obtained a permission from the head lessor, namely, the Mutt for constructing a thatched hut on the suit site. On 12-8-1958, the plaintiff purported to take a permanent lease from the Mutt under Ex. B. 6. On 29-3-1959, the plaintiff laid the present suit for recovery of possession of the suit site from the defendant and for arrears of rent. This suit was resisted by the defendant on the ground that on the destruction of the house which was leased to him by the plaintiff, the lease between him and the plaintiff became void

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