Judgement

Consolidated Appeal (No. 66 of 1931) from thirteen orders of the High Court (October 11, 1927) setting aside thirteen orders of the District Munsif of Tenali (August 9, 1922).

The respondent instituted original and small cause suits in the Court of the District Munsif to recover rent for, or damages for use and occupation of, agricultural lands in his agraharam village. The question arising upon the appeal was whether the inam was an " estate " within the definition in s. 3, sub-s. 2, of Madras Estates Land Act, 1908 ; if it was the jurisdiction of the Civil Courts was excluded by s. 189 of the Act.

The District Munsif dismissed the suits, holding that the village was an estate under s. 3, sub-s. 2 (d)f of the Act.

The plaintiff appealed to the District Judge in twelve original suits; he also applied to the High Court for revision in one small cause case. The High Court transferred the appeals to its own file, and heard them with the application for revision.

Upon the hearing the High Court made orders reversing the orders of the trial judge and directing him to dispose of the cases.

Wallace J. said that the onus of proving that the suit inam was not cognizable by the ord