Venkatasubba Rao, J.

1. The plaintiff claims the suit property as his and seeks to recover it from the defendant. The original owner was one Palavesam Asari and the defendants father was his tenant in respect of the suit property. Palavesam Asari having died, his sisters took possession of his estate and got the defendants father to execute in their favour Ex. B, dated 23rd September, 1899, which is described as a lease deed. The lease was for three years and, under Section 3 of the Transfer of Property Act, it became determined by efflux of time in the year 1902. After the death of Palavesam Asaris sisters their children executed a deed of sale in favour of the plaintiff.

2. The short question to be decided is, is the suit in time? After the determination of the lease in 1902 no new tenancy was created, because neither the lessor nor his legal representatives assented to the lessee continuing in possession. Under Section 116 of the Transfer of Property Act, if a leasee remains in possession after the determination of the lease and the lessor accepts rent from the lessee or otherwise assents to his continuing in possession, the lease is renewed from year to year or from month