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 pre