1. The plaintiff has presented this Second Appeal against that part of the appellate decree of the District Judge of Nagercoil in A.S. No. 487 of 1120 making the decree for surrender of two buildings granted to him by the Munsiff conditional on his paying their value to the 1st defendant, which the Munsiff was directed to ascertain and remanding the case for that purpose. There is memorandum of cross-objections filed by the 1st respondent (1st defendant) stating that the suit should have been dismissed as the lease on which the suit was based has not been proved. The other respondents (defendants) do not appear. The suit as originally filed in the year 1110 was for recovery of arrears of rent on foot of an alleged oral lease of two shop-buildings situated in a busy part of the Nagercoil town. That lease arrangement was one alleged to have been entered into between the plaintiff and the 1st defendant in Medom 1105. Two other persons were impleaded as defendants 2 and 3 as the persons in possession of the buildings. Another person was subsequently added as the 4th defendant also for the same reason.

2. The 1st defendant denied the lease, and set up an arrangement of lease