The nth defendant in O.S.No.1170 of 1945 on the file of the District Munsif’s Court, Kozhikode, out of which this second appeal arises is the appellant. The suit was for setting aside the decree in O.S.No.1150 of 1944 on the ground that the Court had no jurisdiction to pass the same and hence the delivery that followed it is void and inoperative. Both the lower Courts have decreed the suit. The short, facts are these:-

The first defendant Mana had leased out the plaint property on 22nd May, 1920, to one Ukkappan Nair, who was the karnavan of the plaintiffs and defendants 2 to 6 on behalf of their tarwad and to Cheria Chandu the father of the defendants 7 to 10 the two named individuals being joint lessees. As rent was in arrears O.S.No.1150 of 1944 was brought for recovery of possession with arrears of rent from 1936-37 to 1943-44. To that suit the two defendants were the lessees Ukkappan Nair and Cheria Chandu but after summons was taken out it was discovered that both the defendants were dead. Therefore by I.A.4233 of 1944 the legal representatives of the two defendants were brought on record as defendants 2 to 6 and 7 to 10 respectively, who contested the suit on the grou