Alfred Henry Lionel Leach, C.J.

1. The plaintiff sued to evict his tenants, defendants 1 to 6, from the land in suit. The tenancy was an oral one and was from year to year. The relief was asked for because the tenants had failed to pay the rent due for several years. In addition to asking for a decree for eviction the plaintiff asked for a decree for a sum equivalent to the rent due for three years preceding the suit.

2. The tenants were members of a tarwad and before the suit was instituted they had separated. On separation, defendants 1, 3 and 6 sub-let a portion of the land in suit to the eighth defendant, who subsequently assigned his sub-tenancy to the seventh defendant. The suit was not defended and a decree directing the eviction of defendants 1 to 6 and the payment to the plaintiff of the three years rent was passed. Notwithstanding that none of the defendants had resisted the suit the seventh defendant filed an appeal. At the hearing she said that she was prepared to pay the amount of the rent due and on this basis asked for the dismissal of the suit under the provisions of Section 15 (3) of the Malabar Tenancy Act, 1929. The Subordinate Judge held that she was entit