JudgmentBhagwati, J.

1. This is a Letters Patent appeal from the decision of Bavdekar J. who dismissed the second appeal against the decision of the learned Dist. J., Kanara, who in his turn diamissed the appeal from the judgment of the learned Subordinate Judge at Sirsi dismiaaing the pltf.s suit.

2. The pltf. claimed that deft. 1 was the chalgeni tenant of his, that he had served upon deft. 1 a notice terminating the tenancy on 20-12-1942, that he was entitled to possession of the suit property from deft. 1. The pltf. also claimed arrears of the rent costs.

3. The defences taken up by deft. 1 were that there was an oral agreement between his deceased brother the pltf. to lease the suit properties as well as other properties at mulgeni, that in pursuance of the said agreement his brother had migrated with his family to cultivate the suit properties that the mulgeni agreement was written on 22 2-1915, in respect of both the bagayat the paddy lands but that subsequently Narasinha had changed his mind insisted on two separate documents of lease pertaining to the bagayat the paddy lands respectively, that he was a mulgeni tenant in respect of the suit lands, in the altern

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