NISTALA SESHAYYA BHUKTA Vs. VASA BAGEYYA

JUDGEMENT

(1.) The questions that fall for decision by the Full Bench are whether Panasa Nandivada Agraharam is an estate within the meaning of Sec. 3 (2) (d) of the Madras Estates Land Act (hereinafter referred to as the Act) and whether Explanation 3 is applicable to it notwithstanding that a small portion of it was resumed prior to the passing of the Act.

(2.) This is the problem that presents itself in all the appeals and revision petitions. They arise out of suits brought by the appellant-petitioner for recovery of rents against tenants in the several Courts of Srikakulam district for different faslis.

(3.) These suits were resisted by the defendants, inter alia, on the defence that the lands being situate in an estate within the definition of S. 3 (2) (d) of the Act which described an estate, the Civil Court has no jurisdiction to try the suits. These objections prevailed with all the Court, except in O. S. No. 52 of 1953, the subject matter of which was 15 acres 76 cents. This suit was decreed as it was found to be ryotwari land and, therefore, excepted from the scope of estate defined in the Act.