Subba Rao, J.-The main questions raised are common to both these appeals. Tor convenience of reference, we shall adopt the ranks given to the parties in O.S.No. 19 of 1939 on the file of the Court of the Subordinate Judge, Kumbakonam, out of which the Second Appeal arises.

Naduppadugai Melpathi, in which the plaint schedule lands are situated, is one of the 199 villages forming part of the property of the Raja of Tanjore. In 1799 the then Raja agreed to code the collection of the revenues and the administration of justice to the East India Company. But he continued to be in possession till his death. On his death the above 199 villages were taken possession of by the Crown in 1856 by an “act of State”. Some years later, in 1862, these 199 villages, were granted to the heirs of the late Raja. In respect of the Tanjore Palace Estate an interpleader suit was filed, being O.S. No. 3 of 1919 on the file of the District Court. The suit village along with others was allotted under the final decree for partition to Vasudeva Sahib burdened with a charge for a sum of Rs. 30,000. On 29th December, 1925, Vasudeva Sahib leased the property to one Nallappa Odayar who is claimed by the plaintiffs

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