These are two connected Civil Revision Petition and Civil Miscellaneous Second Appeal arising from the decrees and judgment of the learned District Judge of North Malabar in A.S. Nos. 65 and 64 of 1949 respectively.

The facts are: The suit property which is a paddy land was taken on lease by the defendants’ deceased father, Baduvan Haji, under a kychit, dated 27th February, 1912, for a yearly rent of 200 seers of paddy and sundries worth Re. 1-8-0. After Baduvan Haji’s death fresh documents were executed in the form of a kanam demise with a kanam of Rs. 2-0-0 and a period of 8 years. Under the kanam deed the rent was the same rent of 200 seers. A kanam deed and a kanam marupat were executed and the marupat was handed over to the plaintiff. But neither document was registered. On the strength of the unregistered kanam marupat executed by the two defendants sons of Baduvan Haji, the plaintiff filed O.S. No. 589 of 1947 to recover arrears of rent for four years amounting to Rs. 302-0-11. Defendants 1 and 2 along with two others, who were the heirs of Baduvan Haji, filed O.P. No. 71 of 1947 in the suit on the foot of the property being still held under the kychit of 1912 and n