1. This appeal by the defendant in a suit for partition arises under the following facts:

2. The suit property belonged to one Kunhithiyan, who sold it on 15-7-1960 to two persons, Appa and Paradeshi. On 2111-1960 the defendant obtained an order Ext. B5 against Appa and Paradeshi from the Tahsildar that he was holding the suit property including the building therein under an oral lease granted by Kunhithiyan. Appa and Paradeshi thereupon filed a suit, O.S. 55 of 1961 in the Munsiff's Court, Hosdrug for cancelling the order Ext. B5 and for possession of the property alleging that the defendant was merely a tenant of the building under a rent-chit of 1949 and that he had wrongfully trespassed on the land, in the wake of Ext. B5. After the suit Appa who was the first plaintiff died and his legal representatives were brought on record, as additional plaintiffs 3 to 6 and additional defendants 2, 3, 5, 7 and 10 to 12. Pending the suit the defendant purchased the half share of Paradeshi, who was plaintiff 2, as also the rights of certain heirs of Appa. Besides contending that he was a Kuzhikanamdar of the property and not merely a tenant of the building, the defendant set up t