Venkataramana Rao, J.

1. This is an appeal from the decree of the learned Subordinate Judge of the Nilgiris, Ootacamund giving a decree in favour of the plaintiff in terms of Para. 22(a) of the plaint. The property belonged to one Percy Guard.

2. On 1st March 1901 he granted the mining rights in the suit property to one Walter Morres. Subsequently he sold all the mining rights to the plaintiff by a deed dated 1st June 1914. By a release deed of even date Walter Morres surrendered all the mining rights in favour of the plaintiff. The document executed by Percy Guard in favour of the plaintiff is Ex. A in the case. Percy Guard died somewhere about 1916 and letters of administration to his estate were granted to Walter Morres in 1917. As administrator he sold the property to the East India Tea and Produce Corporation Ltd. which has since gone into liquidation and the rights of the East India Tea and Produce Corporation Ltd. are now vested in the present defendants they having purchased the same in 1923.

3. One of the terms of Ex. A is that the owner of the property for the time being should pay the assessment on the land and that in case he commits default in any year the vendee,