This is a Revision Petition by the State of Madras against an order passed by the District Judge of Madurai setting aside the Order of the District Munsif directing a plaint to be returned for disposal by the Settlement Officer under the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948).

The short facts are these: The plaintiff filed this suit after this Act was passed for a declaration that 2 acres of land in S.No.244, and 1 acre of land in S.No. 215 in the village of Narasingam of the Thirumuhur Devasthanam were his ryoti lands and for a permanent injunction restraining the Government of Madras from in any way interfering with his enjoyment. The plaintiff relied mainly on the fact that he filed a suit for a patta against the Collector in respect of these lands, which was dismissed in the first instance, but decreed by the District Judge of Madurai in A.S. No. 103 of 1927 on 8th December, 1927. The two suit items were admittedly in land registered as tank poromboke. The proprietor of the estate was a Devasthanam The plaintiff relied on the fact that one manager made an assignment to him for which he paid some money and then went out of office. Accor