BELLIE, J.

1. The plaintiff is the appellant.

2. It appears the Devaswams of Suchindram owned 100 acres of the land known as Anayadi Estate. According to the plaintiff one H.B. Kohlhoff entered into an arrangement with the plaintiff under which he became entitled to 80 acres in a rent of Rs. 8,000/- per annum for a period of five years ending on 31.3.1969. Later Kohlhoff surrendered 11 acres and retained possession of 69 acres. As per the plaint recitals according to the plaintiff under the said arrangement by the plaintiff with Kohlhoff he was only a license. But it appears Kohlhoff filed a suit O.S. No. 46 of 1969 re-numbered as C.S. No. 63 of 1970 (P.S.C.) against the plaintiff for injunction restraining the plaintiff from interfering with his possession, and in that case it was held that Kohlhoff was a tenant and not a licensee as pleaded by the plaintiff. Now in the present appeal in the present suit that finding is not disputed. Thus it is common case now that Kohlhoff was a tenant. It is also not in dispute now that Kohlhoff executed an assignment of his leasehold right in favour of defendants 2 and 3 on 14.5.1981 under Ex. B13. These defendants in turn executed as