Patanjali Sastri, J.

1. The facts giving rise to the Civil Miscellaneous Appeal and the connected Second Appeal No. 508 of 1936 are briefly these. One Sambasivan Pillai, the third respondent herein, brought the suit O.S. No. 268 of 1932 for recovery of the plaint mentioned property from the first respondent herein on the ground that it had been leased by him to one Vyasachariar who let the first respondent into possession as a sub-tenant and that the latter was bound to surrender possession as the lease to Vyasachariar had been terminated.

2. The trial Court decreed the suit on 26th September, 1933, and the first respondent preferred an appeal, A.S. No. 7 of 1935, on the file of the Subordinate Judges Court of Mayavaram. By that time, the first respondent had discovered that there had been a partition suit between the third respondent and his two sons and that a final decree had ,been passed therein on the 25th August, 1927, under which the suit property had been allotted to the sons of the third respondent. That partition suit culminated in a second appeal (S.A. No. 630 of 1933) to this Court which was dismissed on 15th September, 1933. On these facts, the first respondent c