Pandrang Row, J.

1. This is an appeal from the decree of the City Civil Judge, Madras, dated February 2, 1935, in O.S. No. 783 of 1934, a suit for ejecting the defendants and for recovery of possession of the plaint property. According to the plaintiff the site on which the plaint superstructure stands, belonged to one Abdul Huq and the defendants were the tenants of the site who had put up the suit superstructure thereon and were paying a rent of Re. 1-13-0 per month. The plaintiff purchased the site from Abdul Huq on October 15, 1934. Some months earlier in execution of a decree of the Small Cause Court, the superstructure belonging to the defendants had been sold and purchased by the plaintiff himself on May 5, 1934. The plaintiff, therefore, claimed to be the owner of the house as well as the site and on the strength of. this title to the house and the site he claimed to recover possession of both. The superstructure was purchased by the plaintiff on May. 5, 1934, and immediately thereafter, on the strength of this purchase, in Court auction, of the superstructure, he instituted a suit for ejecting the defendants, namely, O.S. No. 346 of 1934 In that suit the lower Court