CHINNAMUTHU GOUNDER Vs. P A S PERUMAL CHETTIAR

JUDGEMENT

(1.) These three appeals by special leave arise out of three suits filed by the plaintiff for declaration of his title to the lands described in the schedules attached to the plaints and for possession of those lands as also for arrears of rent and for mesne profits. The suit lands are situate in an inam village which is an estate within the meaning of the Madras Estates Lands Act (Act 1 of 1908) as originally enacted. The plaintiff claimed that he and his predecessors in title were ryots under the inamdars of the village and that the defendants were lesees and were only under-tenants. The defence of the defendants who are appellants before us was that the plaintiff and his predecessor in title were land-holders and not ryots and that the defendants had occupy rights by long possession and by virtue of the provisions of the aforesaid Act.

(2.) The trial Court, the lower appellate court and High Court have negatived the contentions of the appellants. It has been concurrently found that the plaintiff and his predecessors were ryots under the inamdar and that the appellants were only under-tenants under leases granted by the predecessors in title of the plaintiff. In other words it has been held that the plaintiff is the occupancy tenant and that the defendants were also cultivating tenants. In order to determine the point which has been pressed before us it is unnecessary to state other facts.

(3.) The sole question on which arguments have been addressed is whether the civil court had jurisdiction to decree the suit in respect of possession in the presence of the provisions of the Madras Cultivating Tenants Protection Act 1955 (Act XXV of 1955) hereinafter called the Act Section 2 (a) defines "cultivating tenant" to mean a person who carries on personal cultivation on any land under a tenancy agreement and includes any person who continues in possession after the determination of the tenancy agreement as also the heirs of such person. According to the provisions of Section 3 no cultivating tenant shall be evicted from the holding at the instance of the landlord whether in execution of a decree or order of a court or otherwise; but that in subject to sub-section (2) which contains the various contingencies in which the tenant cannot claim the protection of the Act. Clause (d) which appears in the exceptions reads "who has wilfully denied the title of the landlord to the land." According to Explanation I a denial of the landlord's title under the bona fide mistake of fact is not wilful within the meaning of the aforesaid clause. Sections 6 and 6-A are material for our purpose and may be reproduced: