( 1 ) THIS is an application for the stay of the hearing of appeal No. 619 of 1951 under the Andhra Inam Tenants Protection Act (XIV of 1954 ). The petitioner, who was the 1st defendant in the suit out of which this appeal arises, claimed to be a tenant of the land in dispute, which is stated to be about 4 acres in extent, while the plaintiff sued for the eviction of the petitioner and other members of his family on the ground that he was a trespasser who had got into the lands when she was herself in personal cultivation thereof. The suit was decreed and the 1st defendant (petitioner) has appealed to this Court.

( 2 ) THE first issue in the suit was: " Whether the suit village is an estate within the meaning of the Estates Land Act? " and this was followed by an issue as to " whether the 1st defendant has acquired occupancy right in the suit land? " Under the first issue the lower Court found that " The second requirement of Sec. 3 (2) (d) not having been satisfied in the case," the property was not part of an estate as defined in that section read with the explanation and therefore the 1st defendant, though admitted as a tenant in the suit land, would not acquire occupancy rig

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