JUDGMENT

KOSHAL, J.:—The facts giving rise to this appeal by special leave are concluded by concurrent findings of facts, arrived at by the trial court and the first appellate court and may be briefly stated herewith reference to the following pedigree-table:

Defendants Nos. 1 and 2 and one P. K. Reddy were the owners of the lands (in dispute) which are situated in village Makhamambavilasam forming part of Chittoor district. Some of the lands were sold by defendants Nos. 1 and 2 and the rest by P. K. Reddy and defendant No. 2 by means of two sale deeds dated the 25th of September, 1947 (exhibits A-8 and A-9 respectively) in favour of defendant No. 6 who was the brother of defendant No. 1 and therefore the maternal uncle of defendant No. 2. Although both the sale deeds were supported by valid consideration, possession was not delivered to the vendee under either of them and continued to be with defendant No. 1.

In 1948 was promulgated the Madras Estates (Abolition and Conversion into Ryotwari) Act (hereinafter called the Madras Act), Section 3 of which reads thus :

"3. With effect on and from the notified date and save as otherwise expressly provided in this Act-

(a) the Madras Estates Land (Reduction of Rent) Act, 1947 (Madras Act XXX of 1947) in so far as it relates to matters other than the reduction of rents and the collection of arrears of rent and the Madras Permanent Settlement Regulation, 1802 (Madras Regulation XXV of 1802), the Madras Estates Land Act, 1908 (Madras Act I of 1908), and all other enactments applicable to the estate as such shall be deemed to have been repealed in their application to the estate;

(b) the entire estate (including all communal lands; porambokes; other non-ryoti lands; waste lands; pasture lands, lanka lands, forests; mines and minerals; quarries; rivers and streams; tanks and irrigation works; fisheries and ferries), shall stand transferred to the Government and vest in them, free of all encumbrances and the Madras Revenue Recovery Act, 1864, the Madras Irrigation Cess Act, 1865, and all other enactments applicable to ryotwari areas shall apply to the estate;

(c) all rights and interests created in or over the estate before the notified date by the principal or any other landholder, shall as against the Government cease and determine;

(d) the Government may, after removing any obstruction that may be offered forthwith take possession of the estate, and all accounts, registers, pattas, muchilikas, maps, plans and other documents relating to the estate which the Government may require for the administration thereof:

Provided that the Government shall not dispossess any person of any land in the estate in respect of which they consider that he is prima facie entitled to a ryotwari patta-

(i) if such person is a ryot, pending the decision of the Settlement Officer as to whether he is actually entitled to such patta;

(ii) if such person is a landholder, pending the decision of the Settlement Officer and the Tribunal on appeal, if any, to it, as to whether he is actually entitled to such patta;

(e) the principal or any other landholder and any other person whose rights stand transferred under clause (b) or cease and determine under clause (c), shall be entitled only to such rights and privileges as are recognised or conferred on him by or under this Act;

(f) the relationship of landholder and ryot, shall, as between them, be extinguished;

(g) any rights and privileges which may have accrued in the estate, to any person before the notified date, against the principal or any other landholder thereof, shall cease and determine, and shall not be enforceable against the Government or such landholder, and every such person shall be entitled only to such rights and privileges as are recognized or conferred on him by or under this Act."

The term estate is defined in cl. (3) of Section 2 of the Madras Act as meaning a zamindari or an under-tenure or an inam estate.

Section 11 declares that every ryot in an estate would