MALLELLI CHITTEYYA Vs. TANDRA GHANTAYYA

JUDGEMENT

(1.) This appeal arises out of a suit instituted by the respondent herein for ejectment of the appellants from the land specified in the plaint schedule and for recovery of profits, past and future.

(2.) The case of the plaintiff was that the suit land, which is of an extent of 8 acres,, situated in B.S. No. 13 in Sattenagudam, was his swantakamatam land ; that the first defendant executed a lease in his favour, Exhibit A-1, on July 8, 1945, agreeing to pay rent of Rs. 30 per year and deliver the land at the end of the lease period of three years without notice ; that the plaintiff called upon the first defendant on July 1, 1948, to quit the land ; and that the first defendant sent a reply thereto alleging that the suit land was a ryoti land situated in an estate and that the plaintiff had no right to evict him.

(3.) The defendants resisted the suit on various grounds. They pleaded that Exhibit A-1, the khata, dated 8th July, 1945, was not a true document. They raised the plea that the suit land formed part of an '' estate " as defined in the Madras Estates Land Act and that, therefore, the civil Court had no jurisdiction to entertain the suit.