NAMBIKKAI MARI AMMAL Vs. A. RATHNA PADAYACHI

JUDGEMENT

(1.) THIS appeal arises from an order of remand made by the District Judge of West Tanjore, in A.S. No. 52 of 1954. The plaintiff's father took on lease on 26th June, 1928 for a period of three years certain agricultural lands in the village of Malayappanallur, Tanjore District, from the predecessor -in -title of the defendant. It was the plaintiff's case that subsequent to the expiry of the lease his father, and after the latter's death, the plaintiff continued in possession of the lands paying rent. On these allegations a suit was filed by the plaintiff (tenant) under Section 55 of the Madras Estates Land Act before the Deputy Collector Kumbakonam, for the issue of a patta in respect of the lands granted to him on lease on the ground that he had acquired a permanent right of occupancy in them by virtue of Section 6 of the Act. According to the plaintiff, Malayappanallur was an estate within the meaning of Section 3(2)(d) of the Act. The defendant -landholder contested the claim. The Deputy Collector dismissed the suit as in his opinion the: village of Malayappanallur was not an estate within the meaning of Act I of 1908

(2.) AN appeal was filed against the order of the Deputy Collector to the District. Judge. The District Judge held that the village was an estate and remanded the -suit for trial on the other issues which were left undecided by the Deputy Collector. There was an appeal to this Court against the order of the District Judge in C.M.A. No. 124 of 1955. On 15th December, 1956, the appeal was remanded to the District Court directing a fresh disposal. On remand, the District Judge came to the same conclusion as he did before. The landholder has filed this appeal against the order of the District Judge.

(3.) EXHIBIT A -6 is an extract from the Fair Inam Register relating to Malayappanallur village. That gives the total area of Malayappanallur village as 497 -62 acres. There is a deduction of 7 -98 acres as constituting minor inams existing at the time of the Inam Settlement. The grant was a personal one for the benefit of the holders. Column 13 gives the names of the original grantees thus: