Napier, J.

1. This is a suit by a melcharth-dar from the stani, the 4th Raja of Calicut, to recover from certain persons in possession of land under verumpatom lease the properties demised in the melcharth; the melcharthdar is the second plaintiff, the demisor being the 1st plaintiff. The 5th defendant in the suit is a person to whom a melcharth had been granted by the predecessor of the 1st plaintiff with respect to the same properties and the plaintiffs claim that that demise was bad and not binding on the present 1st plaintiff as having been given without any consideration and for the purpose of depriving the 1st plaintiff of his lawful income and not for the purpose of the stani. This question was made the subject of the 7th issue, namely, whether the lease relied on by the 5th defendant is valid and binding on the plaintiffs." We have already held in Second Appeals Nos. 581, 582 and 608 of 1916 that the property was held by the defendants in possession on a verumpatom lease and that they were, therefore, liable to surrender it. But the question we have to decide in this case is whether the prior melcharth granted to the 5th defendant is valid, because, if so, the presen