1. The short question is, can a person who has put up a building in another's land, but is not in possession thereof, be given a decree for possession? And, but for the lower appellate court and the long and learned argument advanced in support thereof, I should have thought it unnecessary to say more than that he cannot.

2. The property in suit is a piece of land, 33 cents in extent, with a house on it. The land forms part of Survey No. 1814/A of Randamada Village. The whole of the survey field, which is 2.64 acres in extent, belonged at one time to the family of the plaintiffs and the plaintiffs claimed that the 33 cents of land in suit fell to their share in their family partition under Ext. P.3, dated 8th Edavam 1105 M. E. (21st May 1930 A. D). After thus getting the land, the plaintiffs built a house on it, and, on 1st November 1956, they orally let out the house to the 1st defendant on a monthly rent of Rs. 3 and the 1st defendant has since then been living in the property with his wife, the 2nd defendant, and his father, the 3rd defendant. However, in reply to a notice to quit issued by the plaintiffs, the 1st defendant denied the lease and set up title in himself