This second appeal is preferred by the first defendant in the suit against the decree and judgment of the learned District Judge of North Malabar.

The plaintiff brought the suit for directing the first defendant and seven other defendants to vacate and surrender possession of the suit property to the plaintiff with arrears of pattom as shown in the plaint and future purappad calculated at the rate mentioned in the plaint on the basis of an oral entrustment mentioned in the plaint. In the alternative, if the oral entrustment is not proved he prayed for a decree on the basis that the plaintiff and defendants are in the relationship of jenmi and tenants because the defendants are holding the properties under the plaintiff with his permission and also on the strength of the plaintiff’s title thereto The defendant-appellant contested, the suit on the ground inter alia that he was not under permissive occupation of the plaintiff. On the other hand his allegation was, that he was let into possession by one Pakkar who was the karnavan of the plaintiff and that the jama stands in the name of the said Pakkar He further contended in his written statement that since the plaintiff himse