JUDGMENT.-The plaintiff is the appellant. The suit was filed by him for a permanent injunction restraining the defendant from interfering with his possession on the ground that he is a cultivating tenant in respect of the suit properties entitled to the protection of the Cultivating Tenants Protection Act, hereinafter referred to as the Act. The facts as now found by the Courts below simply stated are as follows:

2. The plaintiff is the second son of one Bagavathi Goundan. The defendant leased the suit properties to the plaintiff and his father sometime in the year 1950. There is no dispute that both these lessees were contributing their physical labour and, therefore, they are cultivating tenants within the meaning of the Act. On 20th May, 1966 the plaintiff’s father Bagavathi Gounden died leaving three sons, including the plaintiff, four daughters and his wife as his legal heirs. Sometime after the death of Bagavathi Gounden, except the plaintiff the other two sons, four daughters and wife purported to convey their interest in the tenancy in favour the defendant lessor. When the defendant, on the ground that the interest of some of the lessees had been surrendered to him by the as

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