1. This appeal is filed against judgment and decree dated 29.01.1999 in O.S.No.49 of 199 which is filed for a declaration of title, recovery of possession, recovery of arrears of rents etc., on the file of the District Judge, Nizamabad.

2. For the sake of convenience, the parties are referred to as they are arrayed in the suit.

3. The brief facts of the case are as follows:

The plaintiff and his elder brother Narsoji were native of Khajapur Village of Medak District. The plaintiff came over to Nizamabad and secured private employment in the year 1959. His brother Narsoji shifted to Nizamabad in the year 1964. On the advice of Narsoji, the plaintiff had purchased the plaint schedule site measuring 525 sq.yards from A.Rajaiah under a registered sale deed No. 2187 of 1977 dated 27.04.1977 for a consideration of Rs.16,000/-. On the application made by the plaintiff, the then Gram Panchayat, Kamareddy granted permission to the plaintiff for construction of a shop and residential building in its proceedings No. 63/1983/A3, dated 25.09.1983. The plaintiff constructed the front portion of the ground floor comprising two shops. On up-gradation to Municipal Council, the Kamareddy Municipal Council assessed the tax for the suit building in the name of the Narsoji, on the basis of mistaken representation made by the tenant of the plaintiff. Coming to know of it, the plaintiff applied to the Municipality/ defendant No.5 to change the name. Defendant No.5 refused to change the name in the records. Defendant No.4 is the son of Narsoji. The front portion shops were leased out to defendant Nos.1 and 2 on a monthly rent of Rs.1,500/-. The defendant paid rents upto the month of December, 1990. Defendant Nos. 1 and 2 failed to execute the lease deed and to pay rents from 01.01.1991. Then the plaintiff got issued notices to defendant Nos. 1 and 2. Thereafter, they inducted defendant No.3 into possession of the suit premises illegally. The plaintiff got issued notice under Section 106 of the Transfer of Property Act to defendant Nos.1 to 4 on 02.03.1993 terminating the tenancy and claiming arrears of rents. There was no response. Hence, the suit.

4. Defendant No.3 filed his written statement stating that the suit property was in the custody of defendant No.4 and he was looking after the affairs of the suit site and building. Defendant No.4 represented that he was one of the owners of the suit premises. Defendant No.3 verified from the Municipal Council, Kamareddy and found that the suit building stood in the name of the father of defendant No.4. Defendant No.3 entered into an agreement with defendant No.4 on 24.05.1990. Defendant No.3 established a hotel in the name and style of Udipi Hotel Sri Krishna Prasad and the inaugural function was held on 29.09.1990. Defendant No.4 brought the plaintiff to the inaugural function. Since defendant No.4 was acting at the instance of the plaintiff, defendant No.3 presumed that the plaintiff and the defendant No.4 were the co-owners of the suit premises. Defendant No.3 paid rents to defendant No.4 upto the date of filing of the suit. The rents were paid with the consent of the plaintiff. The notice issued by the plaintiff under Section 106 of the Transfer of Property Act is not in conformity with the provisions of the Transfer of Property Act. The notice is illegal and cannot determine the lease. Defendant Nos.1 and 2 filed memo adopting the written statement of defendant No.3.

5. Defendant No.4 filed his written statement stating that the plaintiff and the father of defendant No.4 had opened a hotel in Nirmal and jointly ran that hotel till the year 1969. In or about the year 1973 Narsoji purchased an open plot measuring 525 sq.yards in Kamareddy from Angul Rajaiah S/o Laxmaiah, R/o Kamareddy. But before registration of the plot in his name, the mother of Narsoji expired. So registration could not be affected. Later, in the year 1977, Narsoji got the plot registered in the name of the plaintiff out of lov