Judgment

AYYANGAR, J.: This is an appeal from the judgment of the High Court of Andhra Pradesh filed by virtue of a certificate of fitness under Art. 133(1) of the Constitution, on the ground that substantial questions of law are involved in the case.

2. The appellants are the heirs and legal representatives of one Addanki Desikacharyulu -now deceased. Desikacharyulu whom for convenience we shall hereafter refer to as the appellant, was the proprietor or inamdar of the Shrotriem village of East Thakkellapadu. While so, the Madras Legislature enacted two Acts- the Madras Estates (Reduction of Rent) Act 1947 (Act XXX of 1947) and the Madras Estates (Abolition and Conversion into Ryotwari) Act (Act XXVI of 1948) having application to particular types of estates. The earlier enactment which we shall call the Rent Reduction Act was, as the name itself indicates, inter alia for reducing the rent payable by ryots in the "estates to which it applied, while the later which for shortness may be referred to as the Abolition Act, was for abolishing the "estates of intermediaries who were proprietors of the type of estates defined in the Act and for the creation of direct relationship between the ryots in these estates and the Government.

3. The Government of Madras purporting to act under the powers conferred by the Rent Reduction Act appointed a Special Officer to conduct an enquiry as to the precise reduction to be effected in the rent payable to the appellant by persons in cultivation of the lands in the Appellant s Shrotriem and after considering his report directed a reduction of rents by notification dated May 2, 1950. Almost simultaneously proceedings were taken by the Settlement Officer appointed under the Abolition Act for determining whether or not the Shrotriem should be taken over by Government and the officer gave his decision against the appellant. The appellant filed an appeal to the Tribunal constituted under the Abolition Act and the appeal was dismissed.

4. In this situation the appellant invoked the jurisdiction of the High Court of Madras under Art. 226 of the Constitution to set aside these two proceedings. Broadly stated, his principal contention was that the Shrotriem which he owned did not fall within the class of estates to which either of the two enactments applied and that consequently the notification of Government under the Rent Reduction Act and the decision of the Settlement Officer and the Tribunal under the Abolition Act were wholly without jurisdiction. The writ petition was, however, withdrawn by the appellant for the reason that a suit in a civil court for adjudicating upon the several issues of fact and law was more appropriate and the Advocate-General who appeared for the State to oppose the writ petition, expressed his consent to waive notice under S. 80, Civil Procedure Code.

5. The appellant thereafter filed a suit in the court of the Subordinate Judge, Ongole in Guntur District for a declaration that the Shrotriem of East Thakkellapadu was not an "estate within the Rent Reduction Act which was the basis on which the impugned notification of Government dated May 2, 1950 had been issued, nor an "inam estate within the Abolition Act, which was the decision of the Settlement Officer and of the Tribunal whose legality was challenged, and for an injunction restraining the State from taking action in pursuance of these two enactments as regards the lands of the appellant in the said Shrotriem. The suit was dismissed by the learned Subordinate Judge and the High Court, on appeal, affirmed the dismissal but granted the Certificate of fitness which has enabled the appellants to file the present appeal.

6. As would be seen from this short narration, the two principal questions that would arise for consideration in the appeal would be, first, whether the Shrotriem village is not an "estate" within the Rent reduction Act, second, whether it is not an "inam estate under the Abolition Act. Bot the Subordin