1. This is an appeal from the judgment of the learned Subordinate Judge of Cuddalore dismissing the plaintiffs suit. It was brought for the recovery of a sum of Rs. 10,848-4-7 being the amount of kist paid by the plaintiff in respect of the properties mentioned in Schedule B to the plaint for faslis 1333 to 1335 (1924 to 1926). The plaint was filed on 1st April, 1936 and on 13th October, 1937, he withdrew his claim in respect of fasli 1333 on the ground that it had been adjusted in O.S. No. 4 of 1933 on the file of the same Court and confined his claim only to faslis 1334 to 1335. The circumstances under which the plaintiff had to pay the said kists are set out by him as follows. The properties belonged to one Thangasami Pillai who executed a will on 6th July, 1915, bequeathing them to his daughter the defendant who was then a minor and appointing Sundarathachi his mother and the grandmother of the defendant to be her guardian to manage the property during her minority; in the course of the said management, the said grandmother leased the property to the plaintiff for a term of three years at a fixed rent to be paid by him and one of the stipulations in the lease deed was t