Judgement

SHAH, J. : In these appeals a common question -whether a shrotriem grant of lands known as "Challayapalem shrotriem" formed an estate within the meaning of S. 3(2)(d) of the Madras Estates Land Act. 1908- arises. The Court of first instance on a review of the evidence was of the opinion that the grant was of the whole Chellayapalem village within the meaning of S. 3 (2)(d) of the Madras Estates Land Act, 1908, in force at the relevant time, and that the tenants held rights of occupancy in the lands held by them. The High Court of Madras disagreed with that view and held-that on the evidence it was not proved that the original grant was of a "whole village" or even of a "named village" within the meaning of S. 3(2)(d) of the Madras Estates Land Act, 1908 and the first Explanation thereto, and that the onus to prove that the grant was of a whole or of a named village being upon the tenants in occupation of the lands in dispute, the claim of the shrotrimdars must succeed. With certificates granted by the High Court, these three appeals have been preferred.

2. Suit No. 42 of 1942 was filed by certain tenants of lands in the Village Challayapalem, District Nellore, for a declara