CHANDRA REDDY, J. : -

This second appeal is placed before a Bench as Umamaheswaram J., who heard it first thought an important question of law was involved.

2. The controversy in the appeal centres round S. 6(d) of die Transfer of Property Act. The facts that have given rise to this appeal may be briefly recalled. The respondent gave two acres of land for maintenance to his brothers widow under Ex. A-1 dated 29-4-1933. He took the property from her on lease under three documents, Ex. A-5 dated 16-7-1934 for a period of three years, there being a renewal under Ex. A-6 dated 30-4-1937 for a period of three years.

On the expiry of this lease, the respondent executed Ex. A-7 on 4-5-1940, for another term of five years. Shortly after the termination of the last lease, the grantee sold her rights in the property to the appellant for a sum of Rs. 1,000/- under Ex. A-8. As the respondent refused to surrender possession of the property to him, he was obliged to institute the present suit to recover possession of the plaint scheduled land. The suit was contested on several defences, but the one relevant for the purpose of this enquiry is that as the interest created in favour of the w