1. This is a second appeal by the defendant in a suit for ejectment. The suit property belonged to one Vittapa Kammath who was the brother of the present plaintiff's father. This property was demised by Vittapa Kammath under the will Ext. Al in favour of the plaintiff and his two brothers, Narasimha Kammath and Atchutha Kammath. It was also provided for in Ext. Al that the other sons to be born to the father of these legatees will also get the benefit under the will. When the will came into effect, the plaintiff, Narasimha Kammath and Atchutha Kammath were alone in existence and thus they got the property under the testament. While these three persons were minors, their mother as their guardian leased out the property to a stranger for a period of 12 years. The defendant is an assignee from that lessee. After the period of the lease was over, the plaintiff issued a notice to the defendant calling upon him to surrender possession of the property. Ext. A4 is that notice. Since the defendant did not care to surrender the property, the plaintiff instituted the present suit as the manager of his joint family for recovery of the property with arrears of rent and future mesne