Judgment

RAGUBAR DAYAL, J.: This appeal is by certificate granted by the High Court of Madras under Art. 133 (1) (a) of the Constitution.

2. The appellant, Sri Athmanathaswams Devasthanam, of Avidayarkoli in Tanjore District, represented by hereditary trustee Subrahmanya Pandra Sannadhi Atheena Karthar of Thiruvavaduthurai Atheenam, hereinafter called the Devasthanam, is the landholder of three villages. It sued the respondent for the recovery of a sum of Rs. 11,415-8-6 as damages for use and occupation of the lands in suits for faslis 1357 to 1360 at Rs. 3-9-0 per acre per annum. The respondent was let into possession of the land by a previous trustee of the Devasthanam in August 1944 when he was being pressed by the State authorities for reclaiming the land and putting it to cultivation in connection with the Grow More Food Campaign launched by the Government of the country during World War II. The total land in all the three villages let out to the respondent was about 727 acres. The plaintiff contended, inter alia, that the lands in suit were private iruvaram lands and not ryoti lands, that the transaction by which the respondent was let into possession was not binding on the present trustee inasmuch as it had not been entered into after obtaining the permission of the Hindu Religious Endowments Board under S. 76 of the Madras Hindu Religious Endowments Act, 1927 (II of 1927) and that therefore the respondent was a trespasser. The respondent on the other hand, contended that the suit lands were ryoti lands, that in view of his being let into possession by the previous trustee he acquired the status of a ryot under S. 3 (15) of the Madras Estates Land Act (I of 1908) and also acquired permanent rights of occupancy under S. 6 of the said Act, that the transaction by which he was let into possession did not amount to an alienation and did not come within the purview of S. 76 of the Endowments Act. He further contended that he was not in arrears of rent, that he had paid rents up to falsil 1356 and there was a real understanding that the realisation of rent would be waived so long as the Government waived its right to water cess and that the Government having waived water cess till the end of fasli 1360, he was not liable to pay any rent till the end of the fasli year. It was also contended that the suit lands being ryoti, and the defendant being ryoti, the suit was not maintainable in the Civil Court.

3. Both the trial Court and the High Court have found that the suit lands are ryoti lands. They differed about the nature of the transaction by which the respondent was let into possession. The trial court held it to be an alienation by way of a permanent lease and so invalid in view of absence of consent of the Hindu Religious Endowments Board. The High Court, on the other hand, held that the transaction did not amount to an alienation of trust-property, that no sanction of the Board was necessary and that therefore the letting of the land to the respondent was valid. Disagreeing with the trial court, the High Court, also found that the suit could be instituted only in the Revenue Court and that the Civil Court had not jurisdiction to entertain it. The High Court therefore set aside the decree which the trail Court had passed and ordered the return of the plaint to the plaintiff-appellant for presentation to the proper Court. The High Court further dismissed the cross-objection filed by the plaintiff-appellant with respect to the trial Court s allowing credit of a payment of Rs. 1,000/- towards rent or damages due from the defendant-respondent. It is against this order that the appellant has filed the present appeal.

4. Learned, counsel for the, appellant challenged the correctness of the finding that the land in suit was ryoti land on grounds that part of the land was tank land and the rest not cultivable and therefore most of the land in suit did not come within the definition of ryoti land in S. 3 (16) of the Estates Land Act