Alfred Henry Lionel Leach, C.J.

1. On the 16th September, 1928 the first respondent was granted a patta by the second respondent for land situate within the jurisdiction of the District Munsifs Court of Parvatipur. The land covered by the patta admittedly forms part of an estate within the meaning of the Madras Estates Land Act, 1908. The appellants were in possession of the land at the time, but they were trespassers. The first respondent did not take steps immediately to evict them and in fact allowed them to continue in possession of the land until the 30th September, 1929, when he filed the present suit in the District Munsifs Court for their eviction. The defence of the appellants was successful. The District Munsif held that the first respondent was not entitled to maintain the suit as his patta had expired when the plaint was filed and the landholder had not been made a party.

2. On appeal by the first respondent the Subordinate Judge of Vizagapatam concurred in the decision of the District Munsif. The first respondent then appealed to this Court. His appeal was heard by King, J, who decided that the second respondent, as the landholder, should be made a party to the s