The short point for determination in this appeal is whether the second defendant is entitled to continue in possession by virtue of the application of the doctrine of part-performance under section 53-A of the Transfer of Property Act. The plaintiff appellant instituted the suit out of which this appeal arises for an injunction or in the alternative for possession against the two defendants. The first defendant was impleaded as a lessee for one year, 1950-51 under a lease deed dated 15th July, 1950 (Exhibit A-14) and the second defendant who was a previous lessee was impleaded as the person who was in possession of the property but not entitled to continue in possession, as he has no manner of right to be in possession and that as he is an absolute stranger. So far as the first defendant is concerned, he admitted the lease and there is no difficulty in granting relief to the plaintiff as against him. But the second defendant contested the suit as not being liable to be ejected by virtue of an arrangement entered into after the expiry of the previous lease, which was admittedly in favour of the second defendant and one Vaidyanatha, the first defendant’s brother. The lease in