Judgment

HEGDE, J.: This is an appeal by special leave. It is directed against the decision of the High Court of Madras in A. S. No. 157 of 1957. This case has a fairly long history but we shall set out in his Judgment only such facts as are necessary for the decision of the issues debated before us.

2. In the course of his arguments Mr. C. R. Pattabhiraman learned Counsel for the appellant urged two grounds in support of this appeal. They are: (1) the appellant being an occupancy tenant of the suit properties he cannot be evicted from the land in view of the provisions of the Madras Estates Land Act (Madras Act I of 1908) as amended by the Madras Estates Land Third Amendment Act (Madras Act XVIII of 1936) and (2) that under any circumstance the appellant should be held as enjoying the lands in question by personal cultivation and there before he cannot be evicted in view of the provisions of the Madras Cultivating Tenants Protection Act (Madras Act XXV of 1953).

3. The respondent is the owner of the suit properties. It leased out two different portions of those properties to the appellant under two lease deeds dated 11-9-1945 and 27-7-1946 (Exhs. A-7 and A-8) respectively for a per