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1918 Supreme(SC) 53

SIR WALTER PHILLIMORE, LORD ATKINSON, SIR JOHN EDGE
SURYANARAYANA – Appellant
Versus
PATANNA – Respondent


Advocates:
Solicitor for appellants: Douglas Grant.
Solicitors for respondents: Barrow, Rogers & Nevill.

Judgement

Consolidated Appeals from a judgment and three decrees of the High Court (October 9, 1913) affirming decrees of the District Court of Kistna, which set aside decrees of a District Munsif s Court.

The appellants held about two-thirds of the inam village of Korragunta in the Northern Circars. The respondents severally held from them parcels of land therein under leases entered into at recent dates but prior to 1908. Bach lease contained the following or a similar clause "As I have taken the land temporarily for cultivation, and as I have no zeroyati thereto, you shall take possession thereof at the end of the term without need of relinquishment by me." It appeared from the evidence that at, or shortly before, the date of each lease the parcel leased had been vacant.

The appellants brought three suits in the Court of the District Munsif of Masulipatam to eject the respondents, each of whom pleaded that the parcel leased to him constituted an "estate," or part of an "estate," within s. 3, sub-s. 2 (d), of the Madras Estates Land Act, 1908, and that consequently under

s. 189 the Revenue Court alone had jurisdiction. The suits were tried together throughout.

The terms of the in


























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