Judgement

SUBBA RAO, J. : This appeal by certificate raises the question whether the village of Mothirambedu is a zamindari estate under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948), hereinafter called the Act.

2. The facts may be briefly stated. Mothirambedu village is one of the shrotriem villages in the Chingleput district in the State of Madras. The respondent purchased the same from one P. Anathapadma-nabacharlu under a sale deed, dated July 10, 1946, for a sum of Rs. 26,000, and was in possession and enjoyment thereof. On December 12, 1950, the Government of Madras issued a notification under Section 3 of the Act taking over the said village as a zamin estate. The Government took possession of the same on January 3, 1951. On March 15, 1954, the respondent filed O. S. No. 22 of 1954 in the Court of the Subordinate Judge, Chingleput, againt the State of Madras for a declaration that the said notification of his village as zamindari estate under the said Act was illegal and void. In the plaint he claimed that the said village was not an "estate" within the meaning of the Madras Estates Land Act and, therefore it did not vest in th