Rajagopalan, J.-The petitioner was the holder of the zamindari estate, known as the Pudur Zamin in Tirunelveli District. Under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948) hereinafter referred to as the Act that estate vested in the Government with effect from 3rd January, 1951, the notified date. Vagaikulam was one of the villages included in that estate. It was common ground, that it was an uninhabited village, though for how long it had remained uninhabited there was no evidence to show. It was also common ground that the entire extent of the village of about 71 acres 42 cents. always belonged to the petitioner. No ryot held any land in that village. Included in this extent of 71.42 acres was a tank (Kanmoi) which measured 32.33 acres. The ayacut of that tank measured 37.18 acres, and the petitioner cultivated the whole of that ayacut as part of the private lands of the landholder in that estate.

After the estate had been abolished under the Act the petitioner applied to the Additional Assistant Settlement Officer for a ryotwari patta for the entire extent of the lands in Vagaikulam including the areas occupied by the tank. The

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