Somayya, J.

1. The main question raised in this second appeal is whether the Subordinate Judge of Tellicherry was competent to hear the suit. The suit came up in second appeal to this Court in S. A. No. 870 of 1935 both the lower Courts having dismissed it on the ground that the plaintiff was estopped from denying the defendants title. This Court held that there was no estoppel precluding the plaintiff from maintaining the suit and from enforcing his claim as against the defendant and remanded the suit to the District Court for disposal. It is said that it was brought to the notice of this Court that the Sub-Court was no longer functioning and that is given as the reason why the suit was remanded to the District Court of North Malabar for disposal. After this Court remanded the suit, a Sub-Court was established at Tellicherry and the District Judge transferred the suit to that Court. The Subordinate Judge heard the suit and dismissed it. An appeal was taken to the District Judge and he dismissed the appeal. Hence this second appeal.

2. The point urged by Mr. Govinda Menon, the learned advocate for the appellant is that as the High Court remanded the suit expressly to the Dist