Madhavan Nair, J.

1. The 3rd defendant is the appellant. The plaintiffs suit was substantially for a declaration of the rights of Plaintiffs Nos. 1 to 4 to the plaint lands and also for delivery of possession. During the pendency of the suit Plaintiffs Nos. 1 to 4 sold their rights, to Plaintiffs Nos. 5 and 6. According to to the plaintiffs, the suit property originally belonged to the members of the Racheryla family and it was purchased by the father of Plaintiffs Nos. 1 to 4, one Hampayya of Idukal, on the 3rd of September 1912 under Ex. A. The case of the defendants is that the property belonged to the family of Pompayya and Mallayya, that they took a sale-deed of it from the Eacherla family in the name of Mallayyas father-in-law, Harupayya of Idukal, that it was a mere benami transaction, that Pompayya and Mallayya were always in possession, that the lands now belong to Defendants Nos. 4 and 5 the children of Pompayya and Mallayya, and that the lands are now being held by the second defendant on a lease given to him by the first defendant as the guardian of the 4th defendant. The 3rd defendant supported the plea of Defendants Nos. 1 to 4 and also stated that the present