ZAMINDAR OF SANIVARAPUPET Vs. ZAMINDAR OF SOUTH VALLUR

JUDGEMENT

(1.) THE respondent is zamindar of certain lands in the village of Satrampadu. The lands were let on August 11, 1903, on a fire years' lease to the appellants. At the expiry of the term the lease was prolonged for a further period of three years. At the expiry of the three years the respondent wished to resume possession, but was met by the assertion that the appellants had a permanent right of occupancy in virtue of the provisions of the Madras Estates Land Act which was passed in June, 1908, and came into force on July 1 of the same year. This suit was then instituted to recover possession and to get mesne profits.

(2.) THE provision of the Act on which the appellants rely is Section 6, which says that every ryot now in possession or who shall hereafter be admitted by a landholder to possession of ryoti land not being old waste, situate in the estate of such landholder, shall have a permanent right of occupancy in his holding. "Estate" is defined as meaning (in addition to certain definitions which would not apply in the present question): "any permanently settled estate or temporarily settled zamindari." The respondent says that his estate does not fall within this definition.

(3.) THIS disposes of the case, and is substantially the ground on which the learned District Judge decided it. The High Court went upon different reasons, with which their Lordships are not prepared to agree, but as the result at which they arrived was the same, no alteration need be made, and their Lordships will humbly advise His Majesty to dismiss the appeal with costs.