1 The Ist defendant in O.S. 52 of 1977 is the appellant. The plaintiff and the 2nd defendant in the suit are the respondents. The suit was one for partition. Plaintiff claimed 32/288 share in the plaint item. According to the plaintiff the properties were taken on lease by the Ist defendant and his brother, one Kunhahammed in 1118. Kunhahammed died leaving behind him, Ayissa, Pathunni, Kadeeja. Amina and Muhammed. Ayissa, Pathunni, Kadeeja and Pathumma Umma wife of Muhammed sold their shares to the 2nd defendant. Amina's share came to the plaintiff by assignment. On this basis the plaintiff laid the suit for partition. The Ist defendant contested the suit. In brief, his contention was, that Kunhahamed was not a joint lessee. Items 1 and 2 were taken on lease by the Ist defendant on 21-8-1118 and item 3 was leased to him orally in 1117. The Ist defendant further claimed that he obtained the jenmom right regarding items 1 and 2 in O.A. No. 508 of 1970 with jenmi in the party array. The order of the Land Tribunal is Ext. B14 dated 29-2-1972 and the purchase certificate relevant thereto is dated 28-10-1972, Ext. B7. Regarding item No. 3 the Ist defendant would have it that he purchased