The defendants are the appellants The plaintiff filed the suit for a declaration of his title and possession. The first defendant took the “A” Schedule property on lease by a rental agreement dated 29th April, 1933, in favour of the plaintiff and his elder brother Srinivasa Pillai on a rent of Re. 1 per month. The tenancy was liable to be terminated by one month’s notice There was a partition between the plaintiff and his brother in 1935 under which he plaintiff became the owner of the northern half of the suit property described in the plaint B Schedule The first defendant continued to occupy the northern portion belonging to the plaintiff but surrendered possession of the southern portion to Srinivasa Pillai. The first defendant continued to pay the rent to the plaintiff till about 1952. In 1958 the plaintiff terminated the tenancy by a notice dated 30th June, 1958. The first defendant then set up title in himself, and the plaintiff again sent another notice terminating the tenancy on the ground of the first defendant claiming title to the property.

The first defendant in his written statement contended that he entered into possession of the property about 45 years