King, J.

1. The jenm right in the property with which we are concerned in this appeal belongs to the Eralpad Raja of Calicut as part of his stanom. In 1913 it was granted on two verumpattom leases to tenants of whom defendants 1 to 8 are the present representatives. These leases are Exs. B and C, the former covering items 1 to 10 and the latter items 11 to 14 of the items in suit. In 1920 by Ex. A the then holder of the stanom granted a melcharth to the plaintiff with powers to evict the Rajas tenants. In 1923 plaintiff sued on this melcharth, and obtained a decree for eviction from the District Munsif of Palghat, which decree was reversed by the Subordinate Judge of Ottapalam. Plaintiff has accordingly appealed to the High Court.

2. Two reasons were given by the learned Subordinate Judge for his decision and it is those reasons which have now to be considered by us. The first was that the melcharth itself was invalid, the money borrowed under it not having been borrowed for a purpose binding upon the stanom. The second was that the suit was premature. The defendants were entitled under their leases to remain in possession for twelve years, i.e., until 1925 and the suit was