Judgement

Appeal from a judgment and decree of the High Court (November 26, 1914) affirming a decree of the Subordinate Judge of Masulipatam (November 22, 1912).

The appellant on July 8, 1907, let about 22 acres of land within his zamindari to the respondents. The muchalka described the land as kambuttam land, and by cl. 8 (which is set out in their Lordships judgment) the respondents agreed that they would relinquish it on April 30, 1908. They, however, failed to do so, and were in possession at the commencement of the Madras Estates Land Act, 1908—namely, on July 1, 1908—though contrary to the expressed wishes of the appellant. In the course of a criminal complaint by the respondents against the appellant the Magistrate had attached the land under s. 145 of the Criminal Procedure Code.

The appellant thereupon instituted the present suit, in which he claimed a declaration that the land was his private land, and that the respondents had no occupancy rights; he also claimed mesne profits. He alleged that the land had always been his private land, and he relied on the terms of the muchalka. The respondents by their written statement pleaded, inter alia, that the land had always been