V APPA RAO Vs. SREERAMREDDI SANYASAYYA

JUDGEMENT

(1.) These three appeals can be disposed of together since the points for consideration are common to them all. The three suits under appeal, namely, O.S. Nos. 32, 33 and 34 of 1928 were suits to declare the plaintiffs right to and recover possession of the plaint-scheduled lands and arrears of rent, mesne profits etc. The learned Subordinate Judge of Vizagapatam dealt with these three suits in one common order directing the return of the plaints for presentation to the proper Court, namely, the Revenue Court. He found that the lands in question were ryoti lands and that, therefore, the suits did not lie in the civil courts.

(2.) The plaintiffs case was that the lands in question were "private lands" within the meaning of Section 3(10) of the Madras Estates Land Act which defines "private land" as follows: Private land means the domain or homefarm land of a landholder by whatever designation known such as kambattam, khas, sir or pannai.

(3.) Section 185 lays down the rules for determining landholder's private land as follows: When in any suit or proceeding it becomes necessary to determine whether any land is the landholder's private land, regard shall be had to local custom and to the question whether the land was before the first day of July, 1898 specifically let as private land and to any other evidence that may be produced but the land shall be presumed not to be private land until the contrary is shown....